WEBVTT - Weekend Law: Elections Raid, Windmills Win & The Minions

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<v Speaker 1>This is Bloomberg Law with June Grossel from Bloomberg Radio.

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<v Speaker 2>There's something centers to going on here. There's something bigger

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<v Speaker 2>than just the FBI confiscating the records that they.

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<v Speaker 3>Took, and Fulton County Chairman Rob Pitts says they're asking

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<v Speaker 3>a federal court to order the FBI to return the

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<v Speaker 3>roughly seven hundred boxes of ballots, voter rolls, and other

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<v Speaker 3>election records seized in a raid about a week and

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<v Speaker 3>a half ago. Pitt warned that the raid foreshadows further

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<v Speaker 3>federal action on elections elsewhere in the country.

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<v Speaker 2>This is I think probably the first step in whatever

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<v Speaker 2>they're going to do in Tota to depress voter participation,

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<v Speaker 2>voter registration, making whatever changes they think are necessary to

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<v Speaker 2>help their case in twenty twenty six, but more importantly

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<v Speaker 2>in twenty twenty eight.

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<v Speaker 3>This is the Jnstice Department has sued twenty four Star

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<v Speaker 3>and DC for refusing to turn over voter data, and

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<v Speaker 3>President Trump has been doubling down on his calls to

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<v Speaker 3>nationalize elections.

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<v Speaker 1>I wouldn't see elections be honest, and if a state

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<v Speaker 1>can't run an election, I think the people behind me

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<v Speaker 1>should do something about it.

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<v Speaker 3>Of course, the Constitution gives the authority to administer elections

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<v Speaker 3>to the states. My guest is Barbara mcquad, a professor

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<v Speaker 3>at the University of Michigan Law School and a former

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<v Speaker 3>US attorney. Barbara, the FBI sees the records using a

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<v Speaker 3>grand jury subpoena as part of a criminal investigation. What

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<v Speaker 3>do you think is going on here?

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<v Speaker 4>It's unknown, of course, but we have some hints. I mean,

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<v Speaker 4>one is they got a search for which means a

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<v Speaker 4>magistrate judge found probable cause to believe that evidence of

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<v Speaker 4>a crime would be found there. And we know from

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<v Speaker 4>the public filing that what they obtained were ballots, tabulation tapes,

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<v Speaker 4>and voter roles.

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<v Speaker 5>Now twenty twenty.

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<v Speaker 4>Is six years ago, and so it would seem that

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<v Speaker 4>anything that occurred during that year would be time barred

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<v Speaker 4>by the five year statute of limitations. But of course

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<v Speaker 4>that's not something that a magistrate judge had taken into

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<v Speaker 4>consideration at that stage. Perhaps there's some allegation of an

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<v Speaker 4>ongoing conspiracy that could keep that allegation fresh. I don't know.

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<v Speaker 4>But also you can't ignore the simultaneous civil request that

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<v Speaker 4>Trump's doj has been making to try to get voter

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<v Speaker 4>rolls from a number of states, including Georgia. They have

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<v Speaker 4>failed in states where decisions have been made, like California

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<v Speaker 4>and Oregon, where judges have said no, the federal government

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<v Speaker 4>is not entitled to this stuff. So are they simply

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<v Speaker 4>using criminal process to get that which they could not

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<v Speaker 4>obtain otherwise.

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<v Speaker 5>But the fact that a magistrate.

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<v Speaker 4>Found probable cause suggests that there is more information than

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<v Speaker 4>than we currently know.

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<v Speaker 3>The prosecutor whose name was on the warrant was not

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<v Speaker 3>the US attorney in Atlanta, but the Saint Louis US attorney,

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<v Speaker 3>Thomas Albis, who's been appointed by Attorney General Pam Bondi

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<v Speaker 3>to investigate so called election integrity cases nationwide. How unusual

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<v Speaker 3>is that sort of skipping over the local US attorney.

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<v Speaker 5>Yeah, it's really unusual, but not illegal.

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<v Speaker 4>I mean, so much of what the Trump administration does

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<v Speaker 4>is technically lawful, but either unusual or you know, discretion

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<v Speaker 4>you'd rather see someone not exercise. I suppose ordinarily you

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<v Speaker 4>would expect the US attorney from the Northern District of

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<v Speaker 4>Georgia to oversee any search conducted within his jurisdiction. That's

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<v Speaker 4>the way it's done in ninety nine point nine percent

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<v Speaker 4>of the cases. The Attorney General does, however, have the

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<v Speaker 4>authority to appoint a special attorney to investigate any matters

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<v Speaker 4>that she chooses, and we've seen this done over the years.

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<v Speaker 5>For example, Pat Fitzgerald.

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<v Speaker 4>Who was the US Attorney in Chicago at the time,

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<v Speaker 4>handled the Scooter Libby case. I think that was an

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<v Speaker 4>effort to just sort of get it out of Washington

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<v Speaker 4>so that it wouldn't have the stench of politics. I

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<v Speaker 4>know that Anne Tompkins out of North Carolina handled the

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<v Speaker 4>prosecution of General Petraeus. For example, John Durham, before he

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<v Speaker 4>was the special counsel looking at the origins of the

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<v Speaker 4>Russia investigation, actually investigated CIA torture.

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<v Speaker 5>At one time, So it's not unprecedented.

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<v Speaker 4>It's often in sort of politically charged cases where the

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<v Speaker 4>Attorney General may appoint somebody outside of Washington who's a

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<v Speaker 4>US attorney or it doesn't have to be to handle

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<v Speaker 4>maybe sensitive cases. And I think it's especially true if

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<v Speaker 4>the case might transcend the boundaries of a particular judicial district.

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<v Speaker 4>So maybe this case is going to include not just

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<v Speaker 4>Georgia but some other states, so that might make some sense.

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<v Speaker 5>I worry a little bit.

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<v Speaker 4>I don't know Thomas Albis, but I do know that

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<v Speaker 4>he comes from Missouri, and he's got sort of the

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<v Speaker 4>association with election.

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<v Speaker 5>Deniers that causes me some concern.

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<v Speaker 4>And you remember, in twenty twenty, there was a different

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<v Speaker 4>US attorney Trump appointed in the Northern District of Georgia

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<v Speaker 4>by the name of B. J. Pack, and he resigned

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<v Speaker 4>in December of twenty twenty when Trump started asking Brad

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<v Speaker 4>Raffensberg or the Secretary of State there to find me

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<v Speaker 4>eleven seven hundred and eighty votes. So you wonder if

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<v Speaker 4>it isn't the case that these US attorneys who've got

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<v Speaker 4>backgrounds as federal prosecutors. As the current US attorney there

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<v Speaker 4>in Northern Georgia does I think his name is Hertzberg.

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<v Speaker 4>You know, he's a career a USA. But Trump's not

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<v Speaker 4>going to make the same mistake twice, right, He's going

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<v Speaker 4>to make sure he's got somebody he can trust that

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<v Speaker 4>Pam Bondy has handpicked to handle this very sensitive operation

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<v Speaker 4>as opposed to the person who would ordinarily assign this

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<v Speaker 4>case too.

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<v Speaker 3>And actually the Special Agent in charge of the Atlanta

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<v Speaker 3>Field Office resigned from his post about a week before

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<v Speaker 3>the agent served the war and there was no public explanation.

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<v Speaker 4>Yeah, that's another red flag, I suppose. And I don't

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<v Speaker 4>know whether he resigned or was fired, and I don't

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<v Speaker 4>know why he left. I know cash Pttel has been

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<v Speaker 4>firing agents who had anything to do with either the

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<v Speaker 4>Trump investigations or the January sixth investigations, which itself is improper.

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<v Speaker 5>There's no allegation that engaged in any misconduct. They just

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<v Speaker 5>don't like the cases that they worked on, so we.

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<v Speaker 4>Don't know why. But again, that would be another safeguard there.

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<v Speaker 4>The Special Agent in charge of the FBI runs the

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<v Speaker 4>FBI office in Atlanta. That office was tasked with conducting

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<v Speaker 4>this search, and so the special Agent in charge would

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<v Speaker 4>be someone who'd be in a position to push back

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<v Speaker 4>and say, no, we're not going to do this.

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<v Speaker 5>I don't think it's lawful.

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<v Speaker 4>I don't think it's an appropriate use of our power,

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<v Speaker 4>or at least.

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<v Speaker 5>Let's talk about this.

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<v Speaker 4>And the fact that he was either fired or resigned

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<v Speaker 4>again is just one more red flag and another irregularity

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<v Speaker 4>among many.

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<v Speaker 3>And yet another irregularity, Fulton County officials say they're typically

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<v Speaker 3>given copies when records are taken but they weren't given

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<v Speaker 3>any copies this time by the FBI, and there was

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<v Speaker 3>no chain of custody inventory taken when the records were seized.

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<v Speaker 3>So basically they don't know exactly what records are missing,

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<v Speaker 3>and when the FBI returns the records, they won't be

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<v Speaker 3>able to verify if they've gotten everything back.

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<v Speaker 5>Oh what a mess.

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<v Speaker 4>I didn't know that, So, you know, the chaos of

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<v Speaker 4>the Trump administration never ceases to amaze me. I mean,

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<v Speaker 4>of course, ordinarily, when the FBI conducts a search, there

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<v Speaker 4>is a whole protocol for how that's done. They get

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<v Speaker 4>training at Quantico for how to do this. There is

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<v Speaker 4>an agent who leads the search, and then there are

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<v Speaker 4>other agents assigned to the search. They assign various agents,

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<v Speaker 4>at least two to every room that gets searched. When

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<v Speaker 4>there are computers involved, they track what it is they're

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<v Speaker 4>taking or whether they're just copying it, and documenting that

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<v Speaker 4>carefully is critically important, number one, so that everybody knows

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<v Speaker 4>what was taken, so the rightful owner of the property

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<v Speaker 4>kind of requested back. But also if you're going to

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<v Speaker 4>use this at evidence at trial, you have to authenticate

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<v Speaker 4>it and show that chain of custody so that the

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<v Speaker 4>jury knows this isn't something that you just manufactured once

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<v Speaker 4>you got back to the FBI office, that you can

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<v Speaker 4>have a witness testify. I am the one who showed

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<v Speaker 4>up at the Fulton County Election office on such and

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<v Speaker 4>such day. I took this document into my hands, or

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<v Speaker 4>I copied it from a computer or whatever it was.

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<v Speaker 4>I put my initials on it. I put it in

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<v Speaker 4>an evidence bag. I labeled the drive whatever it is,

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<v Speaker 4>so that that chain of custody can be retrieved at trial.

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<v Speaker 4>It makes me wonder whether they're obtaining this evidence not

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<v Speaker 4>so much for any future criminal case, but for some

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<v Speaker 4>other purpose.

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<v Speaker 5>I don't know what that purpose would be.

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<v Speaker 3>And I was saving the biggest irregularity for last. Barbara,

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<v Speaker 3>the Director of National Intelligence. Tulsi Gabbard was at the raid.

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<v Speaker 3>She initially said that President Trump had asked her to

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<v Speaker 3>be there, but there have been shifting explanations from the

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<v Speaker 3>administration about why she was at the scene of a

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<v Speaker 3>domestic law enforcement operation. Listen to what Attorney General Bondi

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<v Speaker 3>said when asked about that D and I.

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<v Speaker 6>Gabbard and I are inseparable. We are constantly together, as

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<v Speaker 6>are the people behind us. We constantly talk, we collaborate

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<v Speaker 6>as a cabinet. We're all extremely close.

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<v Speaker 3>They may be inseparable, but Bondi wasn't at the raid

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<v Speaker 3>in Georgia. And in addition, Gabbard facilitated a call between

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<v Speaker 3>the President and the FBI agents after the search on speaking.

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<v Speaker 5>All of this highly irregular and bizarre.

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<v Speaker 4>So there are two reasons it's bizarre to me that

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<v Speaker 4>Tulsi Gabbard was there. Number One, a person at her level,

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<v Speaker 4>the Director of National Intelligence, like just should have better

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<v Speaker 4>things to do.

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<v Speaker 7>Right.

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<v Speaker 5>They have trained agents for this work. You would not

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<v Speaker 5>expect the Attorney General to be there.

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<v Speaker 4>You would not expect the head of the FBI to

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<v Speaker 4>be there, Right, This is in the trenches kind of

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<v Speaker 4>work that agents are trained to do and do every day.

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<v Speaker 4>So the idea that she's there, and she's there like,

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<v Speaker 4>you know, in a ball cap and everything, Like, what

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<v Speaker 4>is she rolling up her sleeves and grabbing evidence?

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<v Speaker 5>I don't think so.

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<v Speaker 4>So just bizarre that she's physically present at the scene,

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<v Speaker 4>first of all.

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<v Speaker 5>Second of all, this.

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<v Speaker 4>Really feels like something way beyond her remit. Her job

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<v Speaker 4>is to coordinate intelligence collection among the eighteen intelligence agencies

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<v Speaker 4>in the federal government, and then to report to the

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<v Speaker 4>President about the results of those findings, to answer any

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<v Speaker 4>questions he may have to advise him about threats to

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<v Speaker 4>the national security. These are threats coming from foreign actors,

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<v Speaker 4>so that suggests that they're there is some foreign nexus

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<v Speaker 4>to this search. I can't imagine what that would be.

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<v Speaker 4>It kind of goes back to some of those conspiracy theories.

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<v Speaker 4>Remember when Sidney Powell was saying things like dominion falsely,

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<v Speaker 4>I'll add dominion voting machines were programmed by Hugo Chavez

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<v Speaker 4>in Venezuela, like what? And then remember there was some

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<v Speaker 4>tie to Italy that caused William Barr to actually travel

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<v Speaker 4>there with John Durham when they were investigating the origins

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<v Speaker 4>of the Russian investigation. They never found anything there. The

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<v Speaker 4>Inspector General never found anything relating to these things. It

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<v Speaker 4>seems like it was all just wild, crazy stuff that

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<v Speaker 4>was manufactured. But here we are again with some suggestion

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<v Speaker 4>that there's some foreign nexus to all of this.

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<v Speaker 5>I don't know what it is.

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<v Speaker 4>But if there's not any foreign nexus, highly improper for

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<v Speaker 4>Tulsa Gabbert to be there. But if she's there, it

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<v Speaker 4>does raise this specter of is there some foreign nexus

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<v Speaker 4>to this? And I just can't imagine where this is going.

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<v Speaker 4>But brace yourself, June.

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<v Speaker 3>I've been bracing myself every day. Thanks so much, Barbara.

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<v Speaker 3>That's Professor Barbara McQuaid of the University of Michigan Law School.

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<v Speaker 3>Coming up next. The score is windmills five Trump zero.

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<v Speaker 3>I'm June Grosso and you're listening to Bloomberg.

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<v Speaker 8>Did I know windmills very much.

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<v Speaker 2>I've studied it better than anybody.

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<v Speaker 8>You'll see these things all over the place.

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<v Speaker 5>They destroy everything.

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<v Speaker 1>They're horrible and the most expensive energy there is. They

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<v Speaker 1>ruin the environment, they kill the birds, they kill the wealth. Darling,

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<v Speaker 1>I want to watch Donald Trump on television tonight, but

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<v Speaker 1>the winds stop blowing and I can't watch.

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<v Speaker 8>There's no electricity in the house.

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<v Speaker 7>Darling.

0:12:45.600 --> 0:12:47.800
<v Speaker 1>You want to see a bird cemetery, go under a

0:12:47.840 --> 0:12:49.720
<v Speaker 1>windmill sometime you'll see the status.

0:12:50.200 --> 0:12:53.760
<v Speaker 3>President Donald Trump has been a vehement critic of wind

0:12:53.880 --> 0:12:58.760
<v Speaker 3>power for years, deriding wind turbines as bird killing eye

0:12:58.800 --> 0:13:03.720
<v Speaker 3>sores and wmalsely claiming it's the most expensive form of energy,

0:13:04.240 --> 0:13:09.800
<v Speaker 3>causes cancer and drives whales crazy. And Trump has aggressively

0:13:09.920 --> 0:13:13.559
<v Speaker 3>tried to cripple the wind power industry in his second term.

0:13:13.840 --> 0:13:16.560
<v Speaker 3>Within hours of returning to the White House in twenty

0:13:16.600 --> 0:13:20.559
<v Speaker 3>twenty five, he issued a directive that froze new permitting

0:13:20.640 --> 0:13:25.280
<v Speaker 3>for wind energy and ordered officials to consider terminating any

0:13:25.360 --> 0:13:26.480
<v Speaker 3>existing leases.

0:13:26.760 --> 0:13:28.000
<v Speaker 8>We don't allow windmills.

0:13:28.000 --> 0:13:29.880
<v Speaker 5>We're not allowing any windmills to go up.

0:13:30.240 --> 0:13:33.880
<v Speaker 3>And so in December, the Department of the Interior ordered

0:13:33.920 --> 0:13:38.000
<v Speaker 3>a pause on five multi billion dollar wind farm projects

0:13:38.120 --> 0:13:43.920
<v Speaker 3>under construction, saying it was due to unspecified national security concerns.

0:13:44.520 --> 0:13:47.959
<v Speaker 3>While this week, for the fifth time, a federal judge

0:13:48.000 --> 0:13:53.199
<v Speaker 3>found that the administration's permitting freeze was illegal and granted

0:13:53.240 --> 0:13:57.880
<v Speaker 3>a preliminary injunction to block its stop work order. Now

0:13:58.040 --> 0:14:00.920
<v Speaker 3>all five of the wind farms plaus and in federal

0:14:01.000 --> 0:14:04.360
<v Speaker 3>waters have gotten the go ahead from judges, although the

0:14:04.400 --> 0:14:08.200
<v Speaker 3>Trump administration says it will keep finding them in court.

0:14:08.760 --> 0:14:12.240
<v Speaker 3>My guest is an expert in environmental law, Pat Parento,

0:14:12.440 --> 0:14:15.960
<v Speaker 3>a professor at the Vermont Law and Graduate School. Pat

0:14:16.000 --> 0:14:19.360
<v Speaker 3>tell us what happened when five different judges took a

0:14:19.400 --> 0:14:23.360
<v Speaker 3>look at the Interior Department stop work orders on these

0:14:23.520 --> 0:14:24.920
<v Speaker 3>wind farm projects.

0:14:25.320 --> 0:14:29.160
<v Speaker 7>So Trump is zero for five basically in these cases.

0:14:29.560 --> 0:14:32.400
<v Speaker 7>And the interesting thing is these are a variety of judges.

0:14:32.480 --> 0:14:35.880
<v Speaker 7>Two of them were appointed by Trump, and a third one,

0:14:36.200 --> 0:14:38.880
<v Speaker 7>Royce Lambert, who just issued the final nail in the

0:14:38.920 --> 0:14:42.720
<v Speaker 7>coffin for this stop work order. He was nominated by

0:14:42.800 --> 0:14:46.880
<v Speaker 7>Ronald Reagan. So you know, we're not talking about woke judges.

0:14:46.960 --> 0:14:51.440
<v Speaker 7>We're talking about conservative judges. All of them, without exception,

0:14:52.120 --> 0:14:55.200
<v Speaker 7>have said that this order, this stop work order on

0:14:55.440 --> 0:14:59.280
<v Speaker 7>five offshore wind projects, but which by the way, is

0:14:59.400 --> 0:15:03.760
<v Speaker 7>six pigawatts. Okay, it's designed to serve more than two

0:15:03.760 --> 0:15:07.880
<v Speaker 7>and a half million homes and businesses all up and

0:15:07.920 --> 0:15:09.880
<v Speaker 7>down the East Coast. So you know, this is a

0:15:09.960 --> 0:15:14.320
<v Speaker 7>really really significant amount of electricity that the stop work

0:15:14.440 --> 0:15:18.440
<v Speaker 7>order has tried to halt. So there's a preliminary injunction

0:15:18.520 --> 0:15:21.080
<v Speaker 7>against all of the stop work orders at this point.

0:15:21.120 --> 0:15:25.360
<v Speaker 3>The Trump administration, the Interior Department, has said that they're

0:15:25.400 --> 0:15:29.520
<v Speaker 3>suspending these because of national security risks. It didn't disclose

0:15:29.600 --> 0:15:32.960
<v Speaker 3>the security risk, but it claimed that the Department of

0:15:33.000 --> 0:15:38.720
<v Speaker 3>Defense provided new classified information about advances and adversary technologies

0:15:39.080 --> 0:15:43.600
<v Speaker 3>that could raise national security issues with offshore wind projects.

0:15:44.000 --> 0:15:48.120
<v Speaker 3>I'm not sure what that means. And Judge Lamberth looked

0:15:48.120 --> 0:15:51.760
<v Speaker 3>at those confidential documents and said he didn't get it.

0:15:51.800 --> 0:15:54.240
<v Speaker 3>He didn't see the security risks right.

0:15:54.520 --> 0:15:57.280
<v Speaker 7>He said, there was no proof of imminent threat to

0:15:57.360 --> 0:16:01.440
<v Speaker 7>national security at all. On the other hand, he said

0:16:01.440 --> 0:16:04.120
<v Speaker 7>that stopping the work orders was going to cost these

0:16:04.120 --> 0:16:07.840
<v Speaker 7>companies two million dollars a day. One of the projects,

0:16:07.920 --> 0:16:12.400
<v Speaker 7>Vineyard Win, was ninety five percent complete, it's already sending

0:16:12.720 --> 0:16:16.960
<v Speaker 7>some electricity to the grid. And two of the other projects,

0:16:16.960 --> 0:16:19.240
<v Speaker 7>one of them was forty percent complete, the other one

0:16:19.440 --> 0:16:22.440
<v Speaker 7>sixty five percent complete. So you got to remember these

0:16:22.480 --> 0:16:26.240
<v Speaker 7>are projects that have gone through an incredible amount of vetting,

0:16:26.720 --> 0:16:32.040
<v Speaker 7>including Department of Defense vetting, including clearance from the Department

0:16:32.080 --> 0:16:34.880
<v Speaker 7>of Defense. Of course, that was the Department of Defense

0:16:35.000 --> 0:16:38.160
<v Speaker 7>before Trump. So when Trump now comes up with these

0:16:38.440 --> 0:16:43.760
<v Speaker 7>secret classified documents demonstrating a threat to national security, and

0:16:43.840 --> 0:16:46.080
<v Speaker 7>as you point out, Jadge Lambeth looked at them and said,

0:16:46.080 --> 0:16:49.440
<v Speaker 7>I don't see it, it does raise the serious question

0:16:49.560 --> 0:16:52.640
<v Speaker 7>is this all just a pretext for Trump's you know,

0:16:52.760 --> 0:16:59.680
<v Speaker 7>well known animosity, outright hostility to win power. And it

0:16:59.720 --> 0:17:02.440
<v Speaker 7>all comes from the fact that he owns a golf

0:17:02.440 --> 0:17:05.280
<v Speaker 7>course in Scotland and from his golf course, you can

0:17:05.280 --> 0:17:08.719
<v Speaker 7>see wind farms off the coast of Scotland generating all

0:17:08.840 --> 0:17:11.760
<v Speaker 7>kinds of clean electricity. He doesn't like the look of them.

0:17:11.960 --> 0:17:14.440
<v Speaker 7>He's come up with all kinds of reasons why they're bad.

0:17:14.680 --> 0:17:17.760
<v Speaker 7>They cause cancer, no they don't. They kill a disproportionate

0:17:17.840 --> 0:17:21.000
<v Speaker 7>number of birds, No they don't. They're unreliable, no they're not.

0:17:21.440 --> 0:17:24.720
<v Speaker 7>They're too expensive, No they're not. So that's where we are.

0:17:25.119 --> 0:17:27.399
<v Speaker 3>Pat You left out that Trump says they drive the

0:17:27.440 --> 0:17:28.520
<v Speaker 3>whales crazy.

0:17:28.880 --> 0:17:31.680
<v Speaker 7>Oh, the whales, don't forget the whales. Yeah, and all

0:17:31.720 --> 0:17:33.960
<v Speaker 7>of this has been true. And you know, years and

0:17:34.080 --> 0:17:37.879
<v Speaker 7>years not only of vetting in the agencies, but the

0:17:37.920 --> 0:17:40.439
<v Speaker 7>whale issue in particular has been up and down the

0:17:40.520 --> 0:17:43.920
<v Speaker 7>courts in the first circuit and the second circuit repeatedly,

0:17:44.320 --> 0:17:47.480
<v Speaker 7>and none of the cases have found a serious threat

0:17:47.480 --> 0:17:49.840
<v Speaker 7>to the whales. Believe me, if there was a serious

0:17:49.880 --> 0:17:52.560
<v Speaker 7>threat to the whales, you'd be hearing about it from me.

0:17:53.200 --> 0:17:55.479
<v Speaker 3>That's true. I know all the work you've done on

0:17:55.600 --> 0:18:00.000
<v Speaker 3>preserving wildlife and endangered species. Do you think another reason

0:18:00.160 --> 0:18:04.080
<v Speaker 3>that Trump may object to wind power is that he

0:18:04.119 --> 0:18:08.000
<v Speaker 3>wants more power to be generated from natural gas, coal,

0:18:08.119 --> 0:18:13.000
<v Speaker 3>and nuclear energy. There's also the fact that former President

0:18:13.080 --> 0:18:18.000
<v Speaker 3>Joe Biden supported renewable energy with things like tax credits.

0:18:18.560 --> 0:18:22.080
<v Speaker 7>Yeah, anything that Biden supported, he's going to kill. And

0:18:22.359 --> 0:18:25.679
<v Speaker 7>you know, these arguments just fall apart the studies that

0:18:25.720 --> 0:18:29.320
<v Speaker 7>have been done by banks serious people. Right, I'll say

0:18:29.359 --> 0:18:33.480
<v Speaker 7>that wind and solar energy are the cheapest forms of

0:18:33.680 --> 0:18:37.200
<v Speaker 7>energy to bring online quickly. Not that they're going to

0:18:37.440 --> 0:18:39.880
<v Speaker 7>solve all of our problems. They're not. You need base

0:18:39.960 --> 0:18:43.879
<v Speaker 7>load electricity, But when it comes to really costing out,

0:18:44.040 --> 0:18:47.600
<v Speaker 7>you know, the life cycle costs of these various energy

0:18:47.600 --> 0:18:51.639
<v Speaker 7>transmission options, and you look at everything from where do

0:18:51.720 --> 0:18:54.760
<v Speaker 7>you get the materials, you know, whether it's fuel or

0:18:54.800 --> 0:18:58.080
<v Speaker 7>other things to build these systems, and then how much

0:18:58.119 --> 0:19:01.400
<v Speaker 7>does it cost to buy the fuel for these systems?

0:19:01.800 --> 0:19:04.600
<v Speaker 7>Just think about it. The wind is free, the sun

0:19:04.680 --> 0:19:09.720
<v Speaker 7>is free. Once you've installed these systems, these wind turbines offshore,

0:19:10.560 --> 0:19:14.679
<v Speaker 7>you don't suffer the fluctuations of gas prices. You know,

0:19:14.800 --> 0:19:17.800
<v Speaker 7>you don't have oil spills. You have wind spills, but

0:19:17.960 --> 0:19:23.399
<v Speaker 7>not oil spills. So the sober analysis of renewables is

0:19:23.440 --> 0:19:28.000
<v Speaker 7>saying to meet the growing demand for electricity, including the

0:19:28.160 --> 0:19:32.280
<v Speaker 7>huge one from AI data, centers. You need more wind

0:19:32.320 --> 0:19:35.359
<v Speaker 7>and solar, You need all kinds of forms of energy,

0:19:35.359 --> 0:19:39.160
<v Speaker 7>but you in particular need projects that are almost complete

0:19:39.160 --> 0:19:39.920
<v Speaker 7>and ready to go.

0:19:40.359 --> 0:19:43.280
<v Speaker 3>The White House said they're going to continue fighting in court.

0:19:43.880 --> 0:19:47.840
<v Speaker 3>Do you think that appellate courts might have a different viewpoint?

0:19:48.560 --> 0:19:51.119
<v Speaker 7>They might, You know, you always have to leave open

0:19:51.119 --> 0:19:55.840
<v Speaker 7>the possibility that a different panel of judges would reach

0:19:55.880 --> 0:19:59.960
<v Speaker 7>a different conclusion. But the point is that the evidence

0:20:00.119 --> 0:20:05.240
<v Speaker 7>here of a national security threat consists of a document

0:20:05.359 --> 0:20:09.200
<v Speaker 7>or documents, right, and so you don't have witnesses. Yeah,

0:20:09.280 --> 0:20:11.560
<v Speaker 7>I mean some other judges might look at these documents

0:20:11.600 --> 0:20:14.560
<v Speaker 7>and reach a different conclusion than Judge Lamberts did. But

0:20:14.640 --> 0:20:18.359
<v Speaker 7>the rule is the trial court's decision to issue an

0:20:18.359 --> 0:20:22.479
<v Speaker 7>injunction if it's reasonable, right, if it's based on an

0:20:22.520 --> 0:20:27.119
<v Speaker 7>analysis of whether the government's stated reason for these stop

0:20:27.160 --> 0:20:30.679
<v Speaker 7>work orders passes muster. I don't think the courts of

0:20:30.680 --> 0:20:34.000
<v Speaker 7>appeal are going to overturn these preliminary injunctions. The cases

0:20:34.200 --> 0:20:38.399
<v Speaker 7>are preceding the proponents of these projects, primarily or Sted,

0:20:38.720 --> 0:20:42.679
<v Speaker 7>the Denmark firm. They're bounded determined to work with the

0:20:42.760 --> 0:20:46.520
<v Speaker 7>Trump administration to resolve whatever their questions are. The real

0:20:46.600 --> 0:20:51.040
<v Speaker 7>question is with the signals coming from these wind turbines

0:20:51.040 --> 0:20:56.040
<v Speaker 7>to the grid, would they interfere with military radar readings.

0:20:56.119 --> 0:20:58.480
<v Speaker 7>That's what it comes down to. And you know, the

0:20:58.520 --> 0:21:00.800
<v Speaker 7>companies are saying, hey, look, if if you need more

0:21:00.800 --> 0:21:04.880
<v Speaker 7>safeguards and more mitigation of whatever risks you think there are,

0:21:05.240 --> 0:21:08.439
<v Speaker 7>we're all about addressing that and fixing that. We have

0:21:08.920 --> 0:21:13.960
<v Speaker 7>decades of experience with building these systems, running these systems.

0:21:14.400 --> 0:21:17.000
<v Speaker 7>In every country in which they're operating, they have the

0:21:17.040 --> 0:21:22.560
<v Speaker 7>same set of radar and military needs and national security needs,

0:21:22.840 --> 0:21:25.439
<v Speaker 7>and if there are issues out there, they can be

0:21:25.520 --> 0:21:26.119
<v Speaker 7>dealt with.

0:21:26.320 --> 0:21:29.840
<v Speaker 3>Pat Despite the fact that the Trump administration is losing

0:21:29.840 --> 0:21:33.320
<v Speaker 3>in court, court battle after court battle over the wind farms,

0:21:33.800 --> 0:21:36.959
<v Speaker 3>the shift in policy under Trump, I mean even the

0:21:37.000 --> 0:21:40.920
<v Speaker 3>so called One Big Beautiful Bill sped up the phase

0:21:40.960 --> 0:21:46.160
<v Speaker 3>out of federal tax credits for offshore wind projects. So

0:21:46.200 --> 0:21:50.119
<v Speaker 3>has the policy shift and this general assault on wind

0:21:50.200 --> 0:21:53.879
<v Speaker 3>power increase the risks of investing in it so that

0:21:53.960 --> 0:21:57.080
<v Speaker 3>it's unlikely that you'll have new projects. The ones that

0:21:57.119 --> 0:22:00.639
<v Speaker 3>are ongoing now they'll fight to keep, but new projects,

0:22:00.720 --> 0:22:02.719
<v Speaker 3>I mean, I think the government's not even going to

0:22:02.760 --> 0:22:04.440
<v Speaker 3>approve new projects.

0:22:04.480 --> 0:22:08.440
<v Speaker 7>Yeah, yes, that is the bigger threat here that they're

0:22:08.480 --> 0:22:11.479
<v Speaker 7>going to discourage investment. And when you think about it,

0:22:11.560 --> 0:22:15.119
<v Speaker 7>this is foreign investment. This isn't costing US companies or

0:22:15.240 --> 0:22:18.199
<v Speaker 7>US taxpayers and nickel to build these things. This is

0:22:18.320 --> 0:22:21.440
<v Speaker 7>free money that we're getting, and it's billions and billions

0:22:21.480 --> 0:22:24.160
<v Speaker 7>of dollars. And oh, by the way, if you think

0:22:24.200 --> 0:22:29.320
<v Speaker 7>about it, just simply delaying these five projects at two

0:22:29.359 --> 0:22:32.560
<v Speaker 7>million dollars a day, who do you think is ultimately

0:22:32.600 --> 0:22:36.320
<v Speaker 7>going to pay for that? The consumers of electricity. And

0:22:36.359 --> 0:22:39.600
<v Speaker 7>so there are studies out there saying an extended delay

0:22:39.760 --> 0:22:43.520
<v Speaker 7>like this could cost consumers billions of dollars because of

0:22:43.720 --> 0:22:47.000
<v Speaker 7>the amount of electricity that these would generate. So the

0:22:47.119 --> 0:22:52.000
<v Speaker 7>chilling effect on investment is the goal of this administration.

0:22:52.160 --> 0:22:54.920
<v Speaker 7>I mean, they don't really care if they lose in court.

0:22:55.240 --> 0:22:57.720
<v Speaker 7>They'll just keep appealing if they can, all the way

0:22:57.760 --> 0:23:00.760
<v Speaker 7>to the Supreme Court if they can. But their real

0:23:00.880 --> 0:23:05.800
<v Speaker 7>goal is to stifle renewable energy and particularly win and

0:23:06.480 --> 0:23:08.560
<v Speaker 7>I hate to say it, but they're succeeding in that.

0:23:09.200 --> 0:23:11.520
<v Speaker 7>You know, that's not in the national interest, if not

0:23:11.600 --> 0:23:15.560
<v Speaker 7>in the national security interest, to cripple a major source

0:23:15.560 --> 0:23:19.120
<v Speaker 7>of electricity at a time when we're seeing escalating demands

0:23:19.160 --> 0:23:21.720
<v Speaker 7>for it, How does that make any sense at all?

0:23:22.080 --> 0:23:25.160
<v Speaker 3>Well, that's a question I certainly can't answer, but thanks

0:23:25.200 --> 0:23:28.240
<v Speaker 3>so much Pad for all your answers today. That's Professor

0:23:28.280 --> 0:23:32.040
<v Speaker 3>Pat Parento of the Vermont Law and Graduate School coming

0:23:32.119 --> 0:23:44.359
<v Speaker 3>up next on the Bloomberg Law Show. Yes, Dominions will

0:23:44.400 --> 0:23:47.440
<v Speaker 3>be taking the eyes at the Winter Olympics after a

0:23:47.560 --> 0:23:52.800
<v Speaker 3>music licensing saga is resolved, and how the Olympic Committee

0:23:52.840 --> 0:23:58.359
<v Speaker 3>is aggressively targeting the unauthorized commercial use of its trademarks.

0:23:58.560 --> 0:24:01.480
<v Speaker 3>And it's not just the bic rings and the torch,

0:24:01.840 --> 0:24:06.280
<v Speaker 3>it's also phrases like let the Games begin, I'm June

0:24:06.320 --> 0:24:25.320
<v Speaker 3>Grosso and you're listening to Bloomberg. It was in doubt

0:24:25.480 --> 0:24:29.440
<v Speaker 3>for a while, but it now appears that those mischievous

0:24:29.480 --> 0:24:33.000
<v Speaker 3>Minions will be taking the ice at the Winter Olympics.

0:24:33.119 --> 0:24:37.600
<v Speaker 3>After all, the cheeky characters have been causing a musical

0:24:37.720 --> 0:24:43.080
<v Speaker 3>nightmare for Spanish figure skater Tomasquarino Saubat. He's been using

0:24:43.080 --> 0:24:46.360
<v Speaker 3>a medley from the Minions films while dressed in their

0:24:46.720 --> 0:24:50.640
<v Speaker 3>iconic blue overalls and yellow T shirt in its performances

0:24:50.680 --> 0:24:54.439
<v Speaker 3>all season, believing he'd gone through the proper protocols to

0:24:54.600 --> 0:24:58.960
<v Speaker 3>use the music, but then last week NBC Universal told

0:24:59.040 --> 0:25:02.480
<v Speaker 3>him he didn't have permission to use the music, and

0:25:02.560 --> 0:25:06.040
<v Speaker 3>Guarino thought he'd have to scrap his whole routine. But

0:25:06.160 --> 0:25:09.200
<v Speaker 3>there was an outpouring of support for the skater on

0:25:09.280 --> 0:25:14.199
<v Speaker 3>social media, with people posting hashtag let the Minions skate

0:25:14.680 --> 0:25:18.679
<v Speaker 3>and Universal Studios had a change of heart. Joining me

0:25:18.760 --> 0:25:22.600
<v Speaker 3>is intellectual property litigator Terrence Ross, a partner at Katon

0:25:22.680 --> 0:25:26.560
<v Speaker 3>Muchen Rosaman Jerry. Some people were calling this Minions Gate,

0:25:27.080 --> 0:25:30.160
<v Speaker 3>and I just don't understand why Universal didn't give him

0:25:30.160 --> 0:25:33.280
<v Speaker 3>permission in the first place. It seems like having the

0:25:33.320 --> 0:25:37.280
<v Speaker 3>Minions represented at the Olympics would be a plus for

0:25:37.359 --> 0:25:39.640
<v Speaker 3>the franchise and the studio.

0:25:40.760 --> 0:25:44.639
<v Speaker 1>Yes, I agree with that completely. Apparently he had flown

0:25:44.720 --> 0:25:49.960
<v Speaker 1>under the radar of the copyright folks at Universal for

0:25:50.040 --> 0:25:53.000
<v Speaker 1>most of the season, but now that he's in the Olympics,

0:25:53.000 --> 0:25:55.320
<v Speaker 1>and I guess NBC has got the coverage rights to

0:25:55.400 --> 0:25:57.879
<v Speaker 1>the Olympics and they're owned by Universal.

0:25:57.960 --> 0:26:01.280
<v Speaker 8>Probably somebody in the sports.

0:26:00.960 --> 0:26:03.640
<v Speaker 1>Broadcasting called it to the attention and Universal, this guy's

0:26:03.720 --> 0:26:04.680
<v Speaker 1>using the Minions music.

0:26:04.920 --> 0:26:07.520
<v Speaker 8>Did you approve it, and Universal had not.

0:26:07.760 --> 0:26:12.080
<v Speaker 1>The Spanish skater had never obtained advance approval. The music

0:26:12.200 --> 0:26:16.640
<v Speaker 1>is copyrighted, as was the film, as all music is copyrighted.

0:26:16.680 --> 0:26:18.680
<v Speaker 1>And a friend of mine said, well, yeah, but it's

0:26:18.800 --> 0:26:21.600
<v Speaker 1>the Olympics aren't taking place in the United States. They're

0:26:21.600 --> 0:26:24.320
<v Speaker 1>taking place in Italy, and I says, come on, guys,

0:26:24.560 --> 0:26:27.840
<v Speaker 1>in the modern world, we have international treaties where almost

0:26:27.920 --> 0:26:31.919
<v Speaker 1>all the countries sign up to and allow enforcement of

0:26:31.960 --> 0:26:36.479
<v Speaker 1>their copyrights in other countries through the simplicity of filing

0:26:36.560 --> 0:26:40.280
<v Speaker 1>a couple pieces of paper with an international organization. So

0:26:40.400 --> 0:26:42.560
<v Speaker 1>that's not going to excuse this guy.

0:26:42.920 --> 0:26:43.880
<v Speaker 8>And at some.

0:26:43.920 --> 0:26:46.760
<v Speaker 1>Point during the last week or so it seemed like

0:26:46.880 --> 0:26:48.840
<v Speaker 1>he was really not going to be able to perform

0:26:48.880 --> 0:26:49.359
<v Speaker 1>his music.

0:26:49.920 --> 0:26:52.080
<v Speaker 3>Well, this got a lot of attention, a lot of

0:26:52.119 --> 0:26:55.919
<v Speaker 3>negative attention, I think for NBC Universal, and there was

0:26:55.960 --> 0:26:59.760
<v Speaker 3>a lot of sympathy on social media for the ice skater.

0:27:00.240 --> 0:27:03.560
<v Speaker 3>So perhaps Universal saw which way the wind was blowing

0:27:04.119 --> 0:27:07.919
<v Speaker 3>and did a turnaround, allowing him to use the music

0:27:08.000 --> 0:27:09.119
<v Speaker 3>after all.

0:27:09.240 --> 0:27:13.440
<v Speaker 1>Ultimately, that's what the Spanish skater said. He thanked Universal

0:27:13.520 --> 0:27:16.200
<v Speaker 1>for letting him do it. He thanked all his fans

0:27:16.320 --> 0:27:20.199
<v Speaker 1>for calling out the problem and getting Universal.

0:27:19.680 --> 0:27:20.880
<v Speaker 8>Pay attention to it.

0:27:21.119 --> 0:27:23.280
<v Speaker 1>You know, it just comes back to the point he

0:27:23.320 --> 0:27:26.199
<v Speaker 1>made at the beginning, Why would you not want your

0:27:26.280 --> 0:27:29.040
<v Speaker 1>music being used in a setting like that and getting

0:27:29.080 --> 0:27:31.879
<v Speaker 1>all the international exposure. I guess Universal was taking the

0:27:31.920 --> 0:27:36.240
<v Speaker 1>position that Minions and the various Minions movies are so

0:27:36.359 --> 0:27:39.880
<v Speaker 1>well known that they don't need any more exposure from

0:27:39.920 --> 0:27:41.840
<v Speaker 1>some ice skater in Spain.

0:27:41.960 --> 0:27:44.439
<v Speaker 8>And what happens if he falls down journey to music?

0:27:44.880 --> 0:27:47.000
<v Speaker 1>You know, I couldn't see that kind of conversation going

0:27:47.040 --> 0:27:50.800
<v Speaker 1>on within the Universal legal department, and so they sent

0:27:50.880 --> 0:27:54.720
<v Speaker 1>out a cease and desist letter and thankfully sanity prevailed

0:27:55.280 --> 0:27:58.080
<v Speaker 1>and he's been authorized to use it. I was dying

0:27:58.080 --> 0:28:00.560
<v Speaker 1>to see if he got some sort of written license agreement,

0:28:00.640 --> 0:28:02.480
<v Speaker 1>but that hasn't shown up at the press.

0:28:02.560 --> 0:28:04.000
<v Speaker 8>But yeah, he gets to use it now.

0:28:04.040 --> 0:28:06.520
<v Speaker 9>And you know, it's funny because if you're making a movie,

0:28:06.520 --> 0:28:10.360
<v Speaker 9>if you're making a television show, there's literally a person

0:28:10.720 --> 0:28:14.920
<v Speaker 9>who gets credit on the screen who's called the music supervisor,

0:28:15.040 --> 0:28:17.600
<v Speaker 9>and they're not the people who make the music or

0:28:18.040 --> 0:28:18.679
<v Speaker 9>write the score.

0:28:18.920 --> 0:28:22.639
<v Speaker 1>Music supervisor references the person who's responsible for getting all

0:28:22.640 --> 0:28:25.960
<v Speaker 1>the licenses for the music, and so it's literally a

0:28:26.119 --> 0:28:29.320
<v Speaker 1>job in the movies and television, but apparently in ice

0:28:29.400 --> 0:28:31.520
<v Speaker 1>dancing they haven't gotten that for yet.

0:28:31.680 --> 0:28:35.040
<v Speaker 3>Skaters used to use classical music that's in the public

0:28:35.119 --> 0:28:39.000
<v Speaker 3>domain and didn't need clearance, but then in twenty fourteen,

0:28:39.120 --> 0:28:43.640
<v Speaker 3>the International Skating Union relaxed its rules to allow contemporary

0:28:43.720 --> 0:28:47.880
<v Speaker 3>music with lyrics. But when you use contemporary music that's

0:28:47.920 --> 0:28:51.080
<v Speaker 3>not in the public domain, you need to get permission.

0:28:51.400 --> 0:28:54.800
<v Speaker 3>And as you said, it's so complicated because one piece

0:28:54.840 --> 0:28:58.040
<v Speaker 3>of music can involve getting how many authorizations.

0:28:58.720 --> 0:28:59.960
<v Speaker 8>You know, I feel sorry for them.

0:29:00.480 --> 0:29:03.520
<v Speaker 1>We've had this discussion before in the context of documentaries,

0:29:03.880 --> 0:29:07.480
<v Speaker 1>where a documentary filmmaker wants to use a short piece

0:29:07.480 --> 0:29:10.280
<v Speaker 1>of music, they just want to be cautious. Arguably they

0:29:10.400 --> 0:29:12.480
<v Speaker 1>could claim fair use, but they want to be cautious,

0:29:12.480 --> 0:29:15.680
<v Speaker 1>so they ask for advance approval. And you know, filmmakers

0:29:15.720 --> 0:29:19.280
<v Speaker 1>are typically not lawyers, just as ice skaters typically aren't lawyers,

0:29:19.560 --> 0:29:22.440
<v Speaker 1>and the bureaucratic process of trying to get it is

0:29:22.760 --> 0:29:26.120
<v Speaker 1>very challenging. And then there's the problem at the other end.

0:29:26.160 --> 0:29:28.120
<v Speaker 1>You jump through all the hoops, you ask for permission,

0:29:28.640 --> 0:29:30.600
<v Speaker 1>and they go, what you're not paying us for this?

0:29:30.960 --> 0:29:32.720
<v Speaker 1>And then they try to collect, you know, a couple

0:29:32.800 --> 0:29:35.600
<v Speaker 1>bucks out of you, and it's a challenging process. And

0:29:35.640 --> 0:29:38.840
<v Speaker 1>I feel sorry for these ice skaters to put a

0:29:38.880 --> 0:29:42.720
<v Speaker 1>beautiful performances quite frankly, that they're not lawyers and they've

0:29:42.760 --> 0:29:44.880
<v Speaker 1>got the Olympic Committee or somebody should figure out a

0:29:44.880 --> 0:29:46.160
<v Speaker 1>way to get these guys some help.

0:29:46.480 --> 0:29:50.840
<v Speaker 3>Well, apparently they've been trying but not succeeding. Sabate, for example,

0:29:50.920 --> 0:29:54.760
<v Speaker 3>said he followed the prescribed procedure forgetting his music approved

0:29:54.760 --> 0:29:59.120
<v Speaker 3>through a system called click clear in August. So obviously

0:29:59.160 --> 0:30:02.160
<v Speaker 3>there's a lot more or work to be done there. Jerry,

0:30:02.200 --> 0:30:05.080
<v Speaker 3>let's turn out to the Olympics and the way the

0:30:05.120 --> 0:30:10.040
<v Speaker 3>Olympic Committee guards its trademarks so aggressively and they have

0:30:10.120 --> 0:30:12.640
<v Speaker 3>a lot to guard. Tell us about the sort of

0:30:12.720 --> 0:30:16.600
<v Speaker 3>IP regime that's special to the Olympics.

0:30:17.000 --> 0:30:18.440
<v Speaker 8>Well, it's a great legal question.

0:30:18.680 --> 0:30:21.480
<v Speaker 1>And every couple years when we either had the Winter

0:30:21.560 --> 0:30:24.760
<v Speaker 1>Olympics or Summer Olympics, the Olympic Committee literally sends out

0:30:24.840 --> 0:30:27.880
<v Speaker 1>notices about six months ahead of time warning people, and

0:30:27.960 --> 0:30:30.600
<v Speaker 1>they post things on their website and they are very

0:30:30.640 --> 0:30:34.640
<v Speaker 1>aggressive in enforcing their intellectual property rights. But it's a

0:30:34.680 --> 0:30:37.920
<v Speaker 1>completely different regime than what we usually talk about June.

0:30:38.160 --> 0:30:41.520
<v Speaker 1>It's not under the Landham Act, which is the name

0:30:41.560 --> 0:30:44.600
<v Speaker 1>of the United States Trademark Lass. A number of years ago,

0:30:45.200 --> 0:30:51.320
<v Speaker 1>Congress passed a law entitled the Ted Stevens Olympic and

0:30:51.520 --> 0:30:54.880
<v Speaker 1>Amateur Sports Act, and it.

0:30:54.880 --> 0:30:55.920
<v Speaker 8>Is very unique.

0:30:55.920 --> 0:30:59.360
<v Speaker 1>It's thirty six US Code Section twenty two oh five

0:30:59.440 --> 0:31:02.480
<v Speaker 1>oh six, and what it does is set up a

0:31:02.560 --> 0:31:07.120
<v Speaker 1>special intellectual property rights regime for the United States Olympic Committee.

0:31:07.680 --> 0:31:10.960
<v Speaker 1>And it says that the five rings, you know, the

0:31:10.960 --> 0:31:13.800
<v Speaker 1>international symbol of the Olympics, the five rings also the

0:31:13.840 --> 0:31:18.320
<v Speaker 1>Pan American sports symbol, which I'm less familiar with. The

0:31:18.360 --> 0:31:25.160
<v Speaker 1>words Olympic, OLYMPIAD, Paralympic, PARALYMPIAD, pan American, parapan American, all

0:31:25.240 --> 0:31:29.920
<v Speaker 1>those words are all exclusively within the use of the

0:31:30.000 --> 0:31:31.560
<v Speaker 1>United States Olympic Committee.

0:31:31.600 --> 0:31:33.800
<v Speaker 8>I mean, has nothing to do with the trademark laws.

0:31:33.920 --> 0:31:36.400
<v Speaker 1>The Congress has simply taken this group of words and

0:31:36.440 --> 0:31:40.640
<v Speaker 1>symbols and given them to the United States Olympic Committee.

0:31:40.760 --> 0:31:44.280
<v Speaker 1>Incredibly unusual. It's the only ball like that I know

0:31:44.360 --> 0:31:45.360
<v Speaker 1>of in the United States.

0:31:45.520 --> 0:31:47.600
<v Speaker 3>I was looking at the guidelines that they have on

0:31:47.640 --> 0:31:52.640
<v Speaker 3>a website entitled Commercial and brand usage guidelines, and I

0:31:52.680 --> 0:31:56.880
<v Speaker 3>found some of the trademarks really surprising. For example, they've

0:31:56.920 --> 0:32:00.840
<v Speaker 3>trademarked the phrase let the Games begin. I mean that

0:32:00.960 --> 0:32:05.080
<v Speaker 3>seems so generic. Let the Games begin is used in

0:32:05.160 --> 0:32:09.600
<v Speaker 3>a lot of different contexts, not just in the Olympic realm.

0:32:09.880 --> 0:32:12.880
<v Speaker 1>You're absolutely right. Now, there is one distinction within the law.

0:32:13.280 --> 0:32:16.480
<v Speaker 1>Specific words are set aside and you just can't use

0:32:16.520 --> 0:32:19.920
<v Speaker 1>them period. Now there's a couple exceptions to that. If

0:32:19.960 --> 0:32:22.880
<v Speaker 1>you're in that part of the state of Washington where

0:32:23.000 --> 0:32:26.120
<v Speaker 1>the town of Olympia is, and I guess there's a

0:32:26.160 --> 0:32:30.080
<v Speaker 1>set of mountains there, cascades mountains, and you do business there,

0:32:30.200 --> 0:32:33.479
<v Speaker 1>you can use the word Olympic or Olympia, and you

0:32:33.480 --> 0:32:38.320
<v Speaker 1>can also use the word Olympics Olympia for a sportscaster

0:32:38.480 --> 0:32:41.440
<v Speaker 1>talking about the games in a non commercial context. So

0:32:41.680 --> 0:32:43.760
<v Speaker 1>that's one part of the regime. The other part of

0:32:43.800 --> 0:32:47.280
<v Speaker 1>the regime is there's this very broad provision that says,

0:32:47.600 --> 0:32:51.240
<v Speaker 1>i'll just read it here. Any trademark, trade name, sign, symbol,

0:32:51.360 --> 0:32:56.040
<v Speaker 1>or insignia falsely representing association with their authorization by the

0:32:56.040 --> 0:32:59.920
<v Speaker 1>International Olympics Committee also violates the law. Now that's the

0:33:00.000 --> 0:33:02.080
<v Speaker 1>a little bit different from using the word Olympics or

0:33:02.120 --> 0:33:05.480
<v Speaker 1>pan Olympics or para Olympics in those cases like you

0:33:05.760 --> 0:33:08.640
<v Speaker 1>gave the example, let the Games begin, that's not one

0:33:08.680 --> 0:33:12.200
<v Speaker 1>of the words exclusively consigned to the Olympic Committee. But

0:33:12.680 --> 0:33:15.080
<v Speaker 1>they can still come after you under this other provision

0:33:15.400 --> 0:33:19.720
<v Speaker 1>in that it suggests an association with the Olympics that

0:33:19.920 --> 0:33:20.600
<v Speaker 1>is not true.

0:33:20.920 --> 0:33:21.960
<v Speaker 8>It's harder to prove.

0:33:21.800 --> 0:33:25.000
<v Speaker 3>That, though, Terry, I've been reading about what the Olympic

0:33:25.000 --> 0:33:30.680
<v Speaker 3>Committee characterized as ambush marketing. There were Subway commercials that

0:33:30.800 --> 0:33:36.640
<v Speaker 3>showed Michael Phelps swimming across an animated map toward Canada

0:33:36.880 --> 0:33:40.800
<v Speaker 3>during the Vancouver Games and the voiceover said where the

0:33:40.960 --> 0:33:44.440
<v Speaker 3>action is this winter. The Olympic Committee said it was

0:33:44.440 --> 0:33:48.520
<v Speaker 3>an attempt to falsely associate Subway with the Olympics as

0:33:48.560 --> 0:33:49.240
<v Speaker 3>a sponsor.

0:33:49.560 --> 0:33:50.920
<v Speaker 8>In the Rio Games.

0:33:51.120 --> 0:33:53.560
<v Speaker 1>There were a lot of billboard advertising that did the

0:33:53.560 --> 0:33:56.600
<v Speaker 1>same sort of thing, and the Olympic Committee went crazy

0:33:56.640 --> 0:33:59.520
<v Speaker 1>over that. There was a case in the Supreme Court

0:33:59.560 --> 0:34:02.400
<v Speaker 1>that conceals at this statute number of years ago, and

0:34:02.960 --> 0:34:05.480
<v Speaker 1>the statute was challenged as being the violation of the

0:34:05.480 --> 0:34:09.440
<v Speaker 1>First Amendment and being unconstitutional, and the Supreme Court said no,

0:34:09.480 --> 0:34:12.600
<v Speaker 1>it's not as long as it has to do with

0:34:13.000 --> 0:34:16.960
<v Speaker 1>commercial use. And you know, Michael Phelps doing a subway

0:34:16.960 --> 0:34:19.600
<v Speaker 1>commercial would be a commercial use. They have an absolute

0:34:19.680 --> 0:34:22.239
<v Speaker 1>right to these words. And the Supreme Court, you know,

0:34:22.280 --> 0:34:24.680
<v Speaker 1>looked at the legislative history and said, look, the whole

0:34:24.760 --> 0:34:28.080
<v Speaker 1>reason we have this law is so that sponsors will

0:34:28.120 --> 0:34:31.440
<v Speaker 1>pay money to the Olympic Committee to use these marks,

0:34:31.680 --> 0:34:34.840
<v Speaker 1>and that will pay for our athletes to compete in

0:34:34.880 --> 0:34:39.080
<v Speaker 1>a competitive manner abroad. And when other companies undercut that,

0:34:39.520 --> 0:34:42.480
<v Speaker 1>you're really undercutting the United States Olympic effort.

0:34:42.560 --> 0:34:43.959
<v Speaker 8>Supreme Court came right out and.

0:34:43.880 --> 0:34:48.800
<v Speaker 1>Said that that particular suggestion let the games begins would

0:34:48.880 --> 0:34:52.880
<v Speaker 1>have to be tested under some sort of confusion standard. Now,

0:34:52.920 --> 0:34:55.520
<v Speaker 1>the Supreme Court, in the same case called San Francisco

0:34:55.680 --> 0:34:59.440
<v Speaker 1>Arts and Athletics versus the US Olympic Committee, the Supreme

0:34:59.440 --> 0:35:01.840
<v Speaker 1>Court said, you've got to look at the statute broadly,

0:35:01.840 --> 0:35:04.080
<v Speaker 1>because Congress has had a broad protection and oh, by

0:35:04.120 --> 0:35:09.440
<v Speaker 1>the way, we don't apply the traditional Lanham Act evaluation standard,

0:35:09.560 --> 0:35:12.840
<v Speaker 1>which is likelihood of confusion. Now you sometimes see that

0:35:12.920 --> 0:35:15.239
<v Speaker 1>still being argued, but I don't know how else do

0:35:15.280 --> 0:35:18.120
<v Speaker 1>you evaluate. That's a great example you gave and that

0:35:18.160 --> 0:35:21.200
<v Speaker 1>would be very challenging. The Olympic Committee would probably go

0:35:21.280 --> 0:35:23.719
<v Speaker 1>after somebody for that, but I think they might have

0:35:23.800 --> 0:35:26.640
<v Speaker 1>trouble convincing a judge depending on the usage.

0:35:27.000 --> 0:35:30.279
<v Speaker 3>So one of my favorite parts of the commercial use

0:35:30.440 --> 0:35:34.839
<v Speaker 3>guidelines was please do not create your own version of

0:35:34.880 --> 0:35:39.480
<v Speaker 3>any USOPC trademarks. For example, the Olympic symbol should not

0:35:39.520 --> 0:35:44.879
<v Speaker 3>be simulated using pizzas, onion rings, tires, beverages, basketball, snowflakes,

0:35:44.920 --> 0:35:49.600
<v Speaker 3>triangle smiley faces, fruits and vegetables, et cetera. I had

0:35:49.600 --> 0:35:52.680
<v Speaker 3>to laugh that they actually put all that in their

0:35:52.719 --> 0:35:55.280
<v Speaker 3>commercial guidelines on the website.

0:35:55.480 --> 0:35:59.760
<v Speaker 1>It's just testament to the ingenuity of the American populists

0:36:00.080 --> 0:36:03.040
<v Speaker 1>and their ability to circumvent the US laws.

0:36:03.280 --> 0:36:05.880
<v Speaker 8>Arguably, the Olympic Committee is correct there.

0:36:05.760 --> 0:36:09.719
<v Speaker 1>Because they have an absolute right to that five rings

0:36:09.760 --> 0:36:14.240
<v Speaker 1>symbol and it's not constrained in any way by likelihood, confusion,

0:36:14.320 --> 0:36:16.680
<v Speaker 1>or anything else if it's being used in some sort

0:36:16.719 --> 0:36:18.719
<v Speaker 1>of commercial A couple of years ago, there as a

0:36:18.719 --> 0:36:22.840
<v Speaker 1>guide in Minnesota who started using hashtag and then various

0:36:22.880 --> 0:36:27.160
<v Speaker 1>Olympic marks and claimed that the hashtag wasn't in the statute.

0:36:27.400 --> 0:36:28.160
<v Speaker 8>You know that the.

0:36:28.120 --> 0:36:32.560
<v Speaker 1>Statute it protects Olympics, it protects Olympiad. It doesn't protect

0:36:32.760 --> 0:36:36.279
<v Speaker 1>hashtag Olympic, which I thought was very creative. Americans are

0:36:36.360 --> 0:36:39.880
<v Speaker 1>just very ingenious when it comes to getting around laws.

0:36:40.080 --> 0:36:43.160
<v Speaker 3>I'm so sure he got a cease and desist letter.

0:36:43.560 --> 0:36:47.800
<v Speaker 3>Thanks so much, Terry. That's intellectual property litigator Terrence Ross.

0:36:48.160 --> 0:36:50.479
<v Speaker 3>And that's it for this edition of The Bloomberg Law Show.

0:36:50.840 --> 0:36:53.200
<v Speaker 3>Remember you can always get the latest legal news on

0:36:53.239 --> 0:36:57.520
<v Speaker 3>our Bloomberg Law Podcast. You can find them on Apple Podcasts, Spotify,

0:36:57.680 --> 0:37:02.719
<v Speaker 3>and at www dot bloomberg dot com slash podcast Slash Law,

0:37:03.160 --> 0:37:05.720
<v Speaker 3>And remember to tune into The Bloomberg Law Show every

0:37:05.760 --> 0:37:09.680
<v Speaker 3>weeknight at ten pm Wall Street Time. I'm June Grosso

0:37:09.800 --> 0:37:11.400
<v Speaker 3>and you're listening to Bloomberg