1 00:00:03,200 --> 00:00:07,960 Speaker 1: This is Bloomberg Law with June Bresso from Bloomberg Radio. 2 00:00:09,080 --> 00:00:13,399 Speaker 1: It's a battle over three hundred fifty micro seconds. You know, 3 00:00:13,520 --> 00:00:15,800 Speaker 1: is there a point where speed is actually detrimental? Should 4 00:00:15,800 --> 00:00:17,800 Speaker 1: we think about slowing things down? And you know, we 5 00:00:17,880 --> 00:00:21,360 Speaker 1: introduced uh an amount of time that's absolutely uh so 6 00:00:21,440 --> 00:00:25,040 Speaker 1: infantestimally small. It's irrelevant to the majority of traditional participants, 7 00:00:25,480 --> 00:00:27,720 Speaker 1: but it's absolutely critical to certain people that have bought 8 00:00:27,720 --> 00:00:32,080 Speaker 1: advantages in the market. It may be infinitesimally small, as 9 00:00:32,120 --> 00:00:35,559 Speaker 1: Brad katsu Yama, CEO of i X Group says, but 10 00:00:35,640 --> 00:00:39,760 Speaker 1: the stock exchange operator made famous by flashboys, is in 11 00:00:39,840 --> 00:00:44,400 Speaker 1: court defending those micro seconds. The electronic trading firms Citadel 12 00:00:44,520 --> 00:00:48,839 Speaker 1: Securities is suing Securities and Exchange Commission to thwart the 13 00:00:48,880 --> 00:00:51,839 Speaker 1: new order type known as D limit, which was approved 14 00:00:51,840 --> 00:00:55,200 Speaker 1: by the federal regulator last year. In arguments before the 15 00:00:55,320 --> 00:00:58,000 Speaker 1: d C Circuit Court of Appeals, a lawyer for i 16 00:00:58,120 --> 00:01:01,680 Speaker 1: e X, Katherine stetson the D limit helps blunt the 17 00:01:01,840 --> 00:01:05,400 Speaker 1: edge of high frequency traders. What we are talking about 18 00:01:05,560 --> 00:01:09,160 Speaker 1: is evidence of a huge amount of trading going on 19 00:01:09,720 --> 00:01:13,640 Speaker 1: in the couple few micro seconds before a price changes. 20 00:01:14,120 --> 00:01:17,200 Speaker 1: I just happened to blink my eyes. That blink is 21 00:01:17,240 --> 00:01:21,080 Speaker 1: about two d times longer than the couple micro seconds 22 00:01:21,080 --> 00:01:24,839 Speaker 1: that we're talking about. But the lawyer for Citadel, Jeffrey Wall, 23 00:01:25,080 --> 00:01:27,880 Speaker 1: criticized the D limit order. But this is just a 24 00:01:27,920 --> 00:01:31,679 Speaker 1: sloppy order. It takes data, it misreads the stats, it 25 00:01:31,720 --> 00:01:34,360 Speaker 1: assumes away all the costs. If you look at both 26 00:01:34,360 --> 00:01:36,120 Speaker 1: the order and their brief to this court, it reads 27 00:01:36,160 --> 00:01:38,720 Speaker 1: like it's all roses and no thorns. It doesn't have 28 00:01:38,760 --> 00:01:42,200 Speaker 1: any consideration of the costs on retail or routing. My 29 00:01:42,319 --> 00:01:45,280 Speaker 1: guest is an expert in securities law. James Cox, a 30 00:01:45,280 --> 00:01:48,639 Speaker 1: professor at Duke Law School. Jim explained the D limit 31 00:01:48,800 --> 00:01:53,360 Speaker 1: or discretionary limit that was introduced by i X. It 32 00:01:53,400 --> 00:01:55,840 Speaker 1: was part of their branding which when they came on 33 00:01:55,920 --> 00:02:00,040 Speaker 1: the States initially and Michael Lewis wrote about them, and 34 00:02:00,680 --> 00:02:03,160 Speaker 1: it was putting in a speed pump. You know. The 35 00:02:03,240 --> 00:02:06,640 Speaker 1: individuals are in the bye side of the market have 36 00:02:06,760 --> 00:02:10,840 Speaker 1: been yelling for some time that they are being disadvantaged 37 00:02:11,120 --> 00:02:15,080 Speaker 1: in not just the price discovery process, but disadvantaged in 38 00:02:15,240 --> 00:02:18,519 Speaker 1: getting a good price by all kinds of mechanisms like 39 00:02:18,680 --> 00:02:23,440 Speaker 1: co location et cetera. And what the exchanges did initially 40 00:02:23,840 --> 00:02:26,960 Speaker 1: was instol of speed pump to take away the edge 41 00:02:27,080 --> 00:02:32,200 Speaker 1: that the algorithmic electronic co located traders have been making 42 00:02:32,240 --> 00:02:34,520 Speaker 1: a lot of money on. The great thing right now 43 00:02:34,720 --> 00:02:38,800 Speaker 1: is that we have a chairman of the SEC joins 44 00:02:38,840 --> 00:02:41,920 Speaker 1: the list of a lot of former very experienced, knowledgeable 45 00:02:41,919 --> 00:02:46,320 Speaker 1: individuals for chairman of the SEC. But this chairman knows markets. 46 00:02:46,360 --> 00:02:48,160 Speaker 1: He came out of the market, didn't come out of 47 00:02:48,200 --> 00:02:50,720 Speaker 1: the securities markets, but now the derivative markets, which are 48 00:02:50,760 --> 00:02:55,359 Speaker 1: actually a better insight about how markets operator ought to operate, 49 00:02:55,600 --> 00:02:58,760 Speaker 1: and these committed to the idea and bringing change to 50 00:02:58,960 --> 00:03:03,280 Speaker 1: the markets. So the complaint is being made against the 51 00:03:03,320 --> 00:03:06,359 Speaker 1: exchange about this speed pup is going to follow in 52 00:03:06,440 --> 00:03:09,280 Speaker 1: death ears at the SEC and should in the courts 53 00:03:09,320 --> 00:03:14,480 Speaker 1: as well. What's I x's argument before the circuit court. 54 00:03:15,120 --> 00:03:18,600 Speaker 1: This is a legitimate practice of saying, look, we have 55 00:03:18,680 --> 00:03:21,920 Speaker 1: a market, here's our protocols. Nobody's going to get an 56 00:03:22,040 --> 00:03:26,440 Speaker 1: advantage because their computers are located closer to the exchange. 57 00:03:26,680 --> 00:03:29,960 Speaker 1: Everybody's going to be the same level playing field. And 58 00:03:30,040 --> 00:03:32,520 Speaker 1: to the extent of that, the roads an advantage that 59 00:03:32,840 --> 00:03:36,000 Speaker 1: some of these market participants have had will so be it. 60 00:03:36,000 --> 00:03:39,440 Speaker 1: It's better to have individuals on the bi side finally 61 00:03:39,480 --> 00:03:42,480 Speaker 1: hearing their voice is raised, and having an exchange where 62 00:03:42,480 --> 00:03:45,040 Speaker 1: they can go to. What I find interesting here is 63 00:03:45,080 --> 00:03:50,200 Speaker 1: whether this changes things enough so that other exchanges will 64 00:03:50,240 --> 00:03:53,480 Speaker 1: develop and find it to be competitive, that they're going 65 00:03:53,520 --> 00:03:55,680 Speaker 1: to have to have a speed pup as well. Citadel 66 00:03:55,720 --> 00:03:59,240 Speaker 1: Securities is suing the SEC. What's the cause of action? 67 00:03:59,280 --> 00:04:02,560 Speaker 1: What are they allowed change? The alleging that the SEC 68 00:04:03,160 --> 00:04:08,080 Speaker 1: is approving a practice that is, according to them, inherently 69 00:04:08,200 --> 00:04:13,120 Speaker 1: anti competitive. Is an artificial device that is going to 70 00:04:13,280 --> 00:04:17,360 Speaker 1: slow down trading in price discovery, and therefore, the argument 71 00:04:17,400 --> 00:04:22,400 Speaker 1: would be that you're disadvantaging the public interests because you're 72 00:04:22,400 --> 00:04:25,719 Speaker 1: slowing down price movements, and what we should be doing 73 00:04:25,800 --> 00:04:29,760 Speaker 1: is trying to facilitate beating up price movements. That's the argument. 74 00:04:30,320 --> 00:04:35,040 Speaker 1: The attorney for Citadel says that the order type interferes 75 00:04:35,040 --> 00:04:38,280 Speaker 1: with the natural course of the market. The display price 76 00:04:38,560 --> 00:04:42,560 Speaker 1: isn't real, it's phantom. How would you address that? I 77 00:04:42,640 --> 00:04:46,440 Speaker 1: think it's hard to say that as dhantom because the 78 00:04:46,600 --> 00:04:50,520 Speaker 1: orders are all coming in and what is actually happening 79 00:04:50,839 --> 00:04:53,880 Speaker 1: is Citadel is wanting to start off three feet ahead 80 00:04:53,960 --> 00:04:56,080 Speaker 1: in the race for the Finch line to determine what 81 00:04:56,120 --> 00:04:58,080 Speaker 1: the price is going to be. So essentially what the 82 00:04:58,120 --> 00:05:01,080 Speaker 1: Exchange is doing here is say starting line is the 83 00:05:01,120 --> 00:05:04,799 Speaker 1: same for everybody, so it's putting everybody on the same plane. 84 00:05:05,000 --> 00:05:08,760 Speaker 1: Whereas as I read the argument, Citadel says, no, now 85 00:05:08,880 --> 00:05:11,000 Speaker 1: we're ahead of the starting line and we want to 86 00:05:11,040 --> 00:05:13,800 Speaker 1: preserve that position, and by doing that we can get 87 00:05:13,839 --> 00:05:17,000 Speaker 1: to the price first. It's not clear to me that 88 00:05:17,040 --> 00:05:19,839 Speaker 1: the price is going to be any different if everybody 89 00:05:19,880 --> 00:05:22,920 Speaker 1: starts off the same point. Then it is presently with 90 00:05:23,320 --> 00:05:26,120 Speaker 1: Citadelle starting off earlier, and so we're still going to 91 00:05:26,200 --> 00:05:29,320 Speaker 1: have the same sort of pricing that goes on. It's 92 00:05:29,360 --> 00:05:32,280 Speaker 1: just a question about who gets that price first. And 93 00:05:32,400 --> 00:05:36,440 Speaker 1: so the current arrangements where you have co locations and 94 00:05:36,800 --> 00:05:40,239 Speaker 1: other devices that Citadel and a few other market traders 95 00:05:40,320 --> 00:05:44,960 Speaker 1: use give themselves a competitive advantage over others, and they 96 00:05:44,960 --> 00:05:48,200 Speaker 1: want to preserve the competitive advance. The Exchange is proposal. 97 00:05:48,560 --> 00:05:52,400 Speaker 1: The one that's being challenged is the Exchange is saying, no, 98 00:05:52,560 --> 00:05:55,800 Speaker 1: we want to get everybody a chance to get the price, 99 00:05:56,120 --> 00:05:59,400 Speaker 1: and by doing that, if you make the market pure fairer, 100 00:06:00,120 --> 00:06:03,840 Speaker 1: we more individuals wanting to get that price, and we'll 101 00:06:03,880 --> 00:06:07,839 Speaker 1: have a deeper market and better price discovery. So the 102 00:06:07,920 --> 00:06:13,000 Speaker 1: lawyer four I X said that high frequency traders profit 103 00:06:13,080 --> 00:06:16,680 Speaker 1: by exploiting the micro second differences. Others are in the 104 00:06:16,720 --> 00:06:20,200 Speaker 1: middle of a speed war. They never signed up to fight. 105 00:06:20,520 --> 00:06:22,960 Speaker 1: Do you think that's a good description of what's happening. 106 00:06:23,279 --> 00:06:26,760 Speaker 1: I think that's exactly right. I mean, all this happening 107 00:06:26,839 --> 00:06:29,240 Speaker 1: is Toudadelle and lawyers have been able to put the 108 00:06:29,279 --> 00:06:31,920 Speaker 1: odor of money in the air so that they can 109 00:06:31,960 --> 00:06:35,479 Speaker 1: gain an advantage that others who weren't willing to pay 110 00:06:35,760 --> 00:06:39,040 Speaker 1: for co location or some other devices that give them 111 00:06:39,040 --> 00:06:42,240 Speaker 1: a competitive advantage. Not a question of somebody is saying, well, 112 00:06:42,440 --> 00:06:44,400 Speaker 1: you know, we're the first ones to lay the cable 113 00:06:44,440 --> 00:06:46,679 Speaker 1: across the Atlantic, so we should be able to charge 114 00:06:46,680 --> 00:06:49,560 Speaker 1: a fee for everybody's going to use it. Everybody's just 115 00:06:49,720 --> 00:06:54,160 Speaker 1: using the same cable. But what's happening is that the 116 00:06:54,200 --> 00:06:57,279 Speaker 1: exchanges for a payment of money by citadel and others 117 00:06:57,600 --> 00:07:01,479 Speaker 1: have allowed the Citadels of the world to have a 118 00:07:01,680 --> 00:07:05,279 Speaker 1: special entrance into their trading floor that gives them a 119 00:07:05,279 --> 00:07:08,360 Speaker 1: competitive advantage. And the result of that means that price 120 00:07:08,680 --> 00:07:10,920 Speaker 1: that's going to be out there for a nano second 121 00:07:11,400 --> 00:07:13,520 Speaker 1: is always going to be gobbled by the people who 122 00:07:13,600 --> 00:07:18,120 Speaker 1: paid for that competitive advantage, and the various other traders 123 00:07:18,200 --> 00:07:20,520 Speaker 1: who don't pay for that advantage are always going to 124 00:07:20,560 --> 00:07:24,160 Speaker 1: be disfavored. I X is actually created on the whole 125 00:07:24,200 --> 00:07:27,400 Speaker 1: idea that everybody's in the same line and they start 126 00:07:27,440 --> 00:07:30,080 Speaker 1: off at the same place. Tell me what you think 127 00:07:30,080 --> 00:07:34,880 Speaker 1: of this assertion that Judge Justin Walker made to Citadel's lawyer. 128 00:07:35,240 --> 00:07:38,360 Speaker 1: It's you who is going to a federal agency and 129 00:07:38,560 --> 00:07:44,160 Speaker 1: saying stop a private entity I e X from doing 130 00:07:44,200 --> 00:07:46,960 Speaker 1: what they want to do. You're the one who's trying 131 00:07:47,000 --> 00:07:51,760 Speaker 1: to kind of regulate your way into a market victory. 132 00:07:52,000 --> 00:07:55,800 Speaker 1: You know. The challenge to the faces is that they 133 00:07:55,880 --> 00:08:01,720 Speaker 1: are challenging a development that is very arcay market structure. 134 00:08:02,040 --> 00:08:07,240 Speaker 1: There's no crisp guidelines as to what the law expects 135 00:08:07,280 --> 00:08:11,000 Speaker 1: with respect to how markets are to operate. Therefore, you 136 00:08:11,080 --> 00:08:13,440 Speaker 1: start off the idea that it's a natural situation for 137 00:08:13,600 --> 00:08:17,880 Speaker 1: deferring to the expertise of the sec it's economists in 138 00:08:18,000 --> 00:08:22,400 Speaker 1: evaluating how these markets are operating, and that strengthens, I 139 00:08:22,440 --> 00:08:26,000 Speaker 1: think dramatically the case of the SEC sir saying look 140 00:08:26,080 --> 00:08:28,640 Speaker 1: to deceive reasonable to us is with our mandate and 141 00:08:28,680 --> 00:08:31,680 Speaker 1: the other thing that fits into this dynamics. I E 142 00:08:31,840 --> 00:08:34,679 Speaker 1: X is not the only market. If buyers and sellers 143 00:08:34,679 --> 00:08:38,000 Speaker 1: thought that what I X was doing was a bad idea, 144 00:08:38,800 --> 00:08:41,680 Speaker 1: then they can send their trade to someplace else. You know, 145 00:08:41,720 --> 00:08:47,160 Speaker 1: there's numerous market centers where trades can be crossed. And 146 00:08:47,600 --> 00:08:51,400 Speaker 1: what I feel is going on here with Citadel is 147 00:08:51,480 --> 00:08:55,280 Speaker 1: they're fearful that if I expands this market here is 148 00:08:55,320 --> 00:08:58,360 Speaker 1: going to be because of installing the speed up, and 149 00:08:58,400 --> 00:09:01,720 Speaker 1: therefore other markets made do the same thing for realizing 150 00:09:02,160 --> 00:09:06,640 Speaker 1: they have more trades as a result, making markets competitive, 151 00:09:06,880 --> 00:09:10,719 Speaker 1: and consequently that operates to the disadvantage of Citadel. So 152 00:09:10,800 --> 00:09:15,400 Speaker 1: quite frankly, what's happening with X's development and the ANTEC 153 00:09:15,559 --> 00:09:19,480 Speaker 1: going along with it, it dramatically challenges the business model 154 00:09:19,640 --> 00:09:23,240 Speaker 1: that's made pretty much what Citadel is. So how do 155 00:09:23,280 --> 00:09:26,360 Speaker 1: you think the d C circuit will rule here? I 156 00:09:26,360 --> 00:09:28,480 Speaker 1: think I X is going to win this case. I 157 00:09:28,480 --> 00:09:30,640 Speaker 1: think the SEC is going to win this case. I 158 00:09:30,640 --> 00:09:34,000 Speaker 1: think within their power to think about what the microstructure 159 00:09:34,000 --> 00:09:36,520 Speaker 1: of the market is. There's a lot of intuitive appeal 160 00:09:36,600 --> 00:09:39,400 Speaker 1: to thinking that everybody should be on the same plane 161 00:09:39,520 --> 00:09:43,520 Speaker 1: the same starting line. I'd be very surprised cited otherwise. 162 00:09:44,559 --> 00:09:47,800 Speaker 1: Do you think that SEC Chair Gary Ginsler is on 163 00:09:47,840 --> 00:09:51,600 Speaker 1: a collision course with some of Wall Street's biggest names 164 00:09:52,440 --> 00:09:56,880 Speaker 1: as he absolutely, absolutely, I gave him a lot of 165 00:09:56,920 --> 00:09:59,800 Speaker 1: credit from I'm sure he's aware of that. But it's 166 00:09:59,840 --> 00:10:02,720 Speaker 1: not just the biggest Wall Street names. Those Wall Street 167 00:10:02,800 --> 00:10:05,199 Speaker 1: names all have a name associated with them, and that 168 00:10:05,280 --> 00:10:09,839 Speaker 1: is there on the dull side, and individuals, entities, pension funds, 169 00:10:09,920 --> 00:10:11,920 Speaker 1: what have you. They're on the by side, and they've 170 00:10:11,960 --> 00:10:14,400 Speaker 1: been the ones that have been disapenged for way too 171 00:10:14,440 --> 00:10:19,640 Speaker 1: long through a series of market microstructure anomalies that favors 172 00:10:19,720 --> 00:10:22,560 Speaker 1: the Citazaels of the world and doesn't do enough for 173 00:10:22,600 --> 00:10:25,680 Speaker 1: the people who actually buy the stalks have to earn 174 00:10:25,679 --> 00:10:29,920 Speaker 1: a return for their beneficiaries. Thanks for being in the show, Jim. 175 00:10:29,960 --> 00:10:34,840 Speaker 1: That's Professor James Cox of Duke Law School. The state 176 00:10:34,880 --> 00:10:38,960 Speaker 1: of Oklahoma wants the Supreme Court to reverse its ruling 177 00:10:39,000 --> 00:10:43,120 Speaker 1: in MC the Oklahoma, a ruling hailed by Indian tribes 178 00:10:43,200 --> 00:10:47,040 Speaker 1: as a long overdue endorsement of their sovereignty in much 179 00:10:47,080 --> 00:10:49,839 Speaker 1: of the eastern part of the state. Joining me is 180 00:10:49,840 --> 00:10:54,800 Speaker 1: Bloomberg Law reporter Jordan Ruben start by telling us about 181 00:10:55,080 --> 00:10:59,000 Speaker 1: the ruling in mcg the Oklahoma So mcgurt was a 182 00:10:59,200 --> 00:11:04,760 Speaker 1: criminal keys and they're the defendant who is a Native American. 183 00:11:04,840 --> 00:11:07,880 Speaker 1: He said the state didn't have jurisdiction to charge him 184 00:11:07,920 --> 00:11:10,400 Speaker 1: because he is an Indian and his crime took place 185 00:11:10,559 --> 00:11:13,800 Speaker 1: on Indian land. That raised the question whether the land 186 00:11:13,880 --> 00:11:16,679 Speaker 1: was still a reservation. And so even though it was 187 00:11:16,720 --> 00:11:18,480 Speaker 1: just a criminal case, that had all of these other 188 00:11:18,559 --> 00:11:23,560 Speaker 1: implications generally for whether this reservation in mcgard's case, the 189 00:11:23,760 --> 00:11:27,840 Speaker 1: Muskogee Creek Reservation still existed, and that had implications for 190 00:11:27,880 --> 00:11:31,760 Speaker 1: whether all these so called five Tribes in eastern Oklahoma's 191 00:11:31,760 --> 00:11:35,240 Speaker 1: reservations still existed. And the Supreme Court in a five 192 00:11:35,280 --> 00:11:38,640 Speaker 1: four decision said that that land was still a reservation, 193 00:11:38,720 --> 00:11:42,960 Speaker 1: that Congress never disestablished it, and so that land still 194 00:11:42,960 --> 00:11:47,000 Speaker 1: stands today as a reservation. Now it was a five 195 00:11:47,080 --> 00:11:51,360 Speaker 1: to four decision. Tell us about the justices in the 196 00:11:51,400 --> 00:11:56,120 Speaker 1: majority and the justice in descent. Sure, so in these 197 00:11:56,160 --> 00:12:00,079 Speaker 1: five four cases, now six three cases, we typic he 198 00:12:00,160 --> 00:12:03,440 Speaker 1: see these divisions along party lines in terms of the 199 00:12:03,480 --> 00:12:07,320 Speaker 1: presidents who appointed the justices. And that was almost exactly 200 00:12:07,360 --> 00:12:10,560 Speaker 1: the case here we had Justice Neil Gorcich writing for 201 00:12:10,600 --> 00:12:14,360 Speaker 1: the majority, joined by the rest of the Democratic appointees 202 00:12:14,440 --> 00:12:17,720 Speaker 1: at the time, Ginsburg, Brier, Soudamior, and Kagan, and the 203 00:12:17,800 --> 00:12:21,640 Speaker 1: dissent was written by Chief Justice Roberts joined by Justices 204 00:12:21,720 --> 00:12:26,400 Speaker 1: Thomas Alito and Kavanaugh. Described the reaction to the decision 205 00:12:26,600 --> 00:12:31,880 Speaker 1: from inside the state. So, starting from the perspective of 206 00:12:31,920 --> 00:12:35,360 Speaker 1: the tribes, it's really difficult to overstate the importance of 207 00:12:35,400 --> 00:12:38,160 Speaker 1: this decision in their view. To take a step back, 208 00:12:38,760 --> 00:12:41,640 Speaker 1: tribes really had not done well at the Supreme Court 209 00:12:41,679 --> 00:12:43,960 Speaker 1: over the years, to say the least, and so they 210 00:12:44,040 --> 00:12:46,400 Speaker 1: viewed this decision, even though it was just a criminal 211 00:12:46,480 --> 00:12:50,439 Speaker 1: case involving that sort of discrete issue, as to the 212 00:12:50,480 --> 00:12:53,600 Speaker 1: part of it which affirms the reservation, they viewed that 213 00:12:53,720 --> 00:12:57,680 Speaker 1: as a long overdue affirmation of their tribal sovereignty and 214 00:12:58,040 --> 00:13:02,199 Speaker 1: a decision that they wouldn't have expected, perhaps even before 215 00:13:02,240 --> 00:13:05,000 Speaker 1: Gorst got on the court, and one that they perhaps 216 00:13:05,080 --> 00:13:08,240 Speaker 1: weren't even necessarily expecting then. And so it was widely 217 00:13:08,280 --> 00:13:11,280 Speaker 1: celebrated there from the tribe's perspective, and it was really 218 00:13:11,320 --> 00:13:16,000 Speaker 1: the opposite reaction from the state government's perspective. Ahead of 219 00:13:16,040 --> 00:13:18,160 Speaker 1: the ruling. They had warned of all of these negative 220 00:13:18,160 --> 00:13:22,400 Speaker 1: consequences if the state lacked jurisdiction in terms of criminals 221 00:13:22,480 --> 00:13:24,720 Speaker 1: running loose on the street and that sort of thing. 222 00:13:25,200 --> 00:13:28,600 Speaker 1: And the state's reaction after the ruling was, Hey, this 223 00:13:28,679 --> 00:13:32,480 Speaker 1: is happening now, and the state is essentially telling the court, now, 224 00:13:32,920 --> 00:13:36,200 Speaker 1: we told you so. So the status said that this 225 00:13:36,240 --> 00:13:40,719 Speaker 1: creates a public safety nightmare for victims and law enforcement. 226 00:13:41,280 --> 00:13:44,800 Speaker 1: It has pitched Oklahoma's criminal justice system into a state 227 00:13:44,800 --> 00:13:48,960 Speaker 1: of emergency. Is that hyperbole or has there actually been 228 00:13:49,000 --> 00:13:54,000 Speaker 1: a change in Oklahoma? So if you talk to the tribes, 229 00:13:54,400 --> 00:13:57,240 Speaker 1: as I've done recently in speaking to some of their lawyers, 230 00:13:57,800 --> 00:14:01,199 Speaker 1: it's hyperbole. The state, at least, they say that the 231 00:14:01,360 --> 00:14:05,520 Speaker 1: governor's claims Governor Kevin Stitt, that those claims are at 232 00:14:05,520 --> 00:14:08,839 Speaker 1: the very least misleading, if not just outright false. They 233 00:14:08,880 --> 00:14:11,040 Speaker 1: say that they're working to implement the ruling and that 234 00:14:11,400 --> 00:14:15,400 Speaker 1: even though that McGrath decision has certainly brought a change, 235 00:14:15,440 --> 00:14:19,360 Speaker 1: a huge change in how criminal justice is addressed in 236 00:14:19,480 --> 00:14:23,840 Speaker 1: terms of increased tribal responsibility and federal responsibility in place 237 00:14:23,840 --> 00:14:25,600 Speaker 1: of the states, they say that it's far from a 238 00:14:25,720 --> 00:14:29,160 Speaker 1: nightmare that they're working to implement the decision, and from 239 00:14:29,200 --> 00:14:33,000 Speaker 1: the tribes perspective, the problem, as they see it, is 240 00:14:33,040 --> 00:14:36,000 Speaker 1: the fact that the governor is trying to now overturn 241 00:14:36,080 --> 00:14:39,080 Speaker 1: the decision, and so they see having to relitigate the 242 00:14:39,160 --> 00:14:41,520 Speaker 1: issue as a waste of time when they're trying to 243 00:14:42,080 --> 00:14:46,400 Speaker 1: address real issues. So the governor is trying to get 244 00:14:46,400 --> 00:14:50,440 Speaker 1: the Supreme Court to overturn a decision it just made 245 00:14:50,680 --> 00:14:56,000 Speaker 1: less term why right, So they're trying to overturn last 246 00:14:56,080 --> 00:15:00,240 Speaker 1: year's decision. Really, it's the same claims that they maid 247 00:15:00,360 --> 00:15:03,240 Speaker 1: heading into the decision, and now they're just saying, Hey, 248 00:15:03,280 --> 00:15:06,080 Speaker 1: all these bad things that we said we're going to 249 00:15:06,160 --> 00:15:08,480 Speaker 1: happen have now happened, and we think this is an 250 00:15:08,600 --> 00:15:12,600 Speaker 1: erroneous decision and you should reconsider it. That's the long 251 00:15:12,680 --> 00:15:15,520 Speaker 1: and the short of their argument. Coming back to the court. 252 00:15:16,440 --> 00:15:20,600 Speaker 1: The governor thinks that the replacement of the late Ruth 253 00:15:20,640 --> 00:15:25,760 Speaker 1: Bader Ginsburg, who ruled against Oklahoma, with any Coney Barrett, 254 00:15:26,320 --> 00:15:29,120 Speaker 1: is going to make a difference. So he's betting on 255 00:15:29,320 --> 00:15:33,360 Speaker 1: the new composition of the court. That's what he said. 256 00:15:33,400 --> 00:15:37,120 Speaker 1: I saw a radio interview that he did in Oklahoma 257 00:15:37,200 --> 00:15:40,160 Speaker 1: earlier this year where the governor said as much, and 258 00:15:40,200 --> 00:15:42,920 Speaker 1: so at least from his perspective, he's hoping that that 259 00:15:43,440 --> 00:15:45,840 Speaker 1: change will help. And it's hard to see how he 260 00:15:45,880 --> 00:15:49,840 Speaker 1: wouldn't need at least that change in personnel, because, as 261 00:15:49,840 --> 00:15:53,000 Speaker 1: you mentioned, this was a decision that happened just last year. 262 00:15:53,360 --> 00:15:55,800 Speaker 1: All of the justices are the same except for that 263 00:15:56,200 --> 00:15:59,080 Speaker 1: Ginsburg to Barrett switch, and so at the very least 264 00:15:59,080 --> 00:16:02,000 Speaker 1: he would need the new justice to think differently, And 265 00:16:02,040 --> 00:16:05,440 Speaker 1: he would also still need all of the justices who 266 00:16:05,560 --> 00:16:08,960 Speaker 1: dissented to vote the same way this time around. And 267 00:16:09,000 --> 00:16:12,200 Speaker 1: I'm not so sure that, for example, Chief Justice Roberts 268 00:16:12,400 --> 00:16:14,760 Speaker 1: would want to go back on that decision, even though 269 00:16:14,800 --> 00:16:17,440 Speaker 1: he wrote the dissent and was very much against how 270 00:16:17,680 --> 00:16:22,440 Speaker 1: the majority came out. So what are Oklahoma's petitions before 271 00:16:22,480 --> 00:16:25,400 Speaker 1: the Supreme Court? How many are there and what do 272 00:16:25,480 --> 00:16:29,640 Speaker 1: they say? So there are over thirty petitions that they've 273 00:16:30,200 --> 00:16:32,480 Speaker 1: lodge in front of the court and we're waiting for 274 00:16:32,520 --> 00:16:36,280 Speaker 1: the justices to consider them in the coming weeks and months. 275 00:16:36,320 --> 00:16:39,600 Speaker 1: And there is one additional claim that they're pressing, which 276 00:16:39,600 --> 00:16:41,720 Speaker 1: is sort of a follow on issue to McGirt in 277 00:16:41,840 --> 00:16:44,960 Speaker 1: terms of how the decision applies to non Indians, and 278 00:16:45,000 --> 00:16:47,480 Speaker 1: that's potentially an issue that the Court could take up. 279 00:16:47,760 --> 00:16:51,000 Speaker 1: But at the same time, they're either additionally or separately, 280 00:16:51,120 --> 00:16:54,680 Speaker 1: just straight up pressing this claim to overturn McGirt. They 281 00:16:54,720 --> 00:16:59,000 Speaker 1: point out that the Court doesn't always follow its prior decisions. 282 00:16:59,000 --> 00:17:02,560 Speaker 1: We've seen in recent years the court overturning precedence. Of course, 283 00:17:02,560 --> 00:17:05,560 Speaker 1: whenever you talk about precedent. Now we have to note 284 00:17:05,600 --> 00:17:09,160 Speaker 1: I think that the Court is considering overruling the longstanding 285 00:17:09,200 --> 00:17:12,760 Speaker 1: abortion precedence, and the state is saying that this was 286 00:17:12,840 --> 00:17:16,159 Speaker 1: an erroneous decision and they just want the Court to 287 00:17:16,680 --> 00:17:21,479 Speaker 1: change its mind. It is remarkable that state officials are 288 00:17:21,520 --> 00:17:25,640 Speaker 1: reminding the justices that they don't always follow their prior rulings. 289 00:17:25,760 --> 00:17:30,439 Speaker 1: I mean, they cited a case that led Justice Stephen 290 00:17:30,480 --> 00:17:34,080 Speaker 1: Bryer to wonder which cases the Court will overrule next, 291 00:17:34,160 --> 00:17:37,240 Speaker 1: something which some of the liberal justices have noted in 292 00:17:37,240 --> 00:17:41,280 Speaker 1: the past. Right, So it is remarkable in the sense 293 00:17:41,320 --> 00:17:44,480 Speaker 1: of seeing it so quickly after a recent decision. I 294 00:17:44,480 --> 00:17:47,440 Speaker 1: think that would be forging new ground if the Court 295 00:17:47,480 --> 00:17:51,080 Speaker 1: were to actually take up this attempts to overturn the 296 00:17:51,119 --> 00:17:54,280 Speaker 1: decision and then side with Oklahoma and change in course. 297 00:17:54,320 --> 00:17:57,760 Speaker 1: So it is certainly remarkable in one sense and another sense, 298 00:17:58,240 --> 00:18:01,199 Speaker 1: perhaps the state thinks that as a shot at doing it, 299 00:18:01,240 --> 00:18:04,960 Speaker 1: looking at how the court has acted recently and given 300 00:18:05,000 --> 00:18:08,120 Speaker 1: the change in composition, I still don't think that that's 301 00:18:08,160 --> 00:18:11,600 Speaker 1: going to be successful. But perhaps the state is looking 302 00:18:11,600 --> 00:18:14,280 Speaker 1: around and seeing that it thinks it might have a shot. 303 00:18:15,359 --> 00:18:19,920 Speaker 1: Have the Indian tribes made real changes because of McGirt, 304 00:18:20,040 --> 00:18:24,400 Speaker 1: So if the court took this an overrule McGirt, would 305 00:18:24,440 --> 00:18:29,200 Speaker 1: there be a lot of reversals necessary? Yes, certainly. So 306 00:18:29,240 --> 00:18:31,480 Speaker 1: since the mcgert decision, there's been a lot of work 307 00:18:31,560 --> 00:18:35,880 Speaker 1: that's gone into implementing it. Everyone agrees that McGirt has 308 00:18:36,080 --> 00:18:39,080 Speaker 1: brought a huge change. There's been a huge increase in 309 00:18:39,520 --> 00:18:44,760 Speaker 1: tribal responsibility in terms of increasing their jurisdiction, in terms 310 00:18:44,760 --> 00:18:47,640 Speaker 1: of their caseload in terms of federal caseloads. So there's 311 00:18:47,680 --> 00:18:50,840 Speaker 1: been a ton of work that's happened, even just since 312 00:18:50,880 --> 00:18:53,879 Speaker 1: the mcgert decision came down in twenty twenties. So to 313 00:18:53,960 --> 00:18:56,919 Speaker 1: say the least reverse and course would throw a wrench 314 00:18:57,119 --> 00:19:00,000 Speaker 1: into that. The state is saying that the McGirt said 315 00:19:00,040 --> 00:19:04,040 Speaker 1: and itself up ended years of a longstanding arrangement of 316 00:19:04,080 --> 00:19:07,080 Speaker 1: how criminal justice was conducted. But there's no question that 317 00:19:07,400 --> 00:19:10,439 Speaker 1: reversing course now, even just a year or so after, 318 00:19:11,000 --> 00:19:14,520 Speaker 1: would be a huge interruption in how tribes are working 319 00:19:14,520 --> 00:19:19,439 Speaker 1: to implement the decision. So to put Oklahoma's request for 320 00:19:19,480 --> 00:19:22,520 Speaker 1: the Supreme Court to hear this in context, the court 321 00:19:22,600 --> 00:19:27,640 Speaker 1: is facing historically low public approval ratings and progressives are 322 00:19:27,680 --> 00:19:31,280 Speaker 1: calling for court packing. And you know, as you mentioned, 323 00:19:31,280 --> 00:19:36,080 Speaker 1: the Court will be considering overturning the abortion precedent of 324 00:19:36,200 --> 00:19:40,160 Speaker 1: Roe v. Wade, So is it likely to take another 325 00:19:40,200 --> 00:19:42,639 Speaker 1: hot button issue? So I think for a lot of 326 00:19:42,720 --> 00:19:46,760 Speaker 1: reasons that the Court is not even going to take 327 00:19:46,920 --> 00:19:49,760 Speaker 1: up the question of whether to overturn the macgurt case. 328 00:19:49,800 --> 00:19:53,119 Speaker 1: Of course, the Court has discretion over its docket in 329 00:19:53,160 --> 00:19:56,480 Speaker 1: almost every situation, so it's not just that I think 330 00:19:56,520 --> 00:19:59,200 Speaker 1: the Court is not going to reverse course. I think 331 00:19:59,240 --> 00:20:02,400 Speaker 1: it would be very surprising if the Court even granted 332 00:20:02,520 --> 00:20:05,680 Speaker 1: cert and agreed to take up the question of whether 333 00:20:05,760 --> 00:20:09,080 Speaker 1: to reverse course. I think there are other questions post mcgert, 334 00:20:09,160 --> 00:20:12,080 Speaker 1: like the question of how it applies to non Indians, 335 00:20:12,160 --> 00:20:16,240 Speaker 1: whether the ruling is retroactive, other aspects besides just the 336 00:20:16,280 --> 00:20:18,919 Speaker 1: straight up question of whether to overturn it. So for 337 00:20:18,920 --> 00:20:21,479 Speaker 1: a lot of reasons, I don't think the court is 338 00:20:22,000 --> 00:20:24,040 Speaker 1: going to be interested in taking up the claim. If 339 00:20:24,040 --> 00:20:26,800 Speaker 1: it does even agree to hear the case, I would 340 00:20:26,840 --> 00:20:32,119 Speaker 1: be very surprised. Lawyers for tribes say that the governor's 341 00:20:32,160 --> 00:20:36,920 Speaker 1: fixation with overturning McGirt is hampering progress. What do they 342 00:20:36,920 --> 00:20:41,840 Speaker 1: mean by that? Well, from the tribes view, they don't 343 00:20:41,880 --> 00:20:47,520 Speaker 1: see this criminal dystopia that the governor has portrayed. They 344 00:20:47,560 --> 00:20:50,840 Speaker 1: see themselves as being busy with actually implementing the ruling, 345 00:20:50,880 --> 00:20:54,720 Speaker 1: which is a significant expenditure in both time and money, 346 00:20:54,760 --> 00:20:58,440 Speaker 1: and they see the mere fact of this litigation as 347 00:20:58,480 --> 00:21:01,840 Speaker 1: being a distraction and something that's hampering progress. So from 348 00:21:01,840 --> 00:21:04,760 Speaker 1: the tribe's perspective, it's almost that the biggest problem that 349 00:21:04,880 --> 00:21:08,200 Speaker 1: they see is the mere fact of the governor now 350 00:21:08,240 --> 00:21:12,240 Speaker 1: trying to overturn the decision that they're working to implements. 351 00:21:13,160 --> 00:21:15,840 Speaker 1: And though the governor has called the case the most 352 00:21:15,880 --> 00:21:21,200 Speaker 1: pressing issue for Oklahoma, only a small percentage of Oklahoma's 353 00:21:21,240 --> 00:21:25,280 Speaker 1: registered voters agree with that. That's right. According to a 354 00:21:25,480 --> 00:21:30,639 Speaker 1: poll that I saw, only of registered voters agree with that, 355 00:21:30,720 --> 00:21:34,240 Speaker 1: and so that would bolster the tribes claim that it's 356 00:21:34,240 --> 00:21:38,520 Speaker 1: not the criminal dystopia that the state government is claiming 357 00:21:38,560 --> 00:21:43,720 Speaker 1: it to be. How much of Oklahoma's land has reverted 358 00:21:43,800 --> 00:21:49,399 Speaker 1: to Indian jurisdiction percentage wise, So we're talking about, at 359 00:21:49,480 --> 00:21:53,120 Speaker 1: least so far pretty much the eastern half of Oklahoma 360 00:21:53,160 --> 00:21:56,840 Speaker 1: where reservations have been affirmed, as courts saying not just 361 00:21:57,440 --> 00:22:00,880 Speaker 1: really that it's reverted, but technically that it's never gone 362 00:22:00,880 --> 00:22:03,600 Speaker 1: away in the first instance. So we're looking just in 363 00:22:03,640 --> 00:22:06,320 Speaker 1: the eastern half. And as I mentioned, the so called 364 00:22:06,400 --> 00:22:09,239 Speaker 1: Five Tribes, which in addition to the Creek which were 365 00:22:09,280 --> 00:22:12,720 Speaker 1: at the center of the McGirt case, the Cherokee, Chickasaw, Choptaw, 366 00:22:12,840 --> 00:22:16,240 Speaker 1: and Seminole tribes, those are really the main tribes at issue. 367 00:22:16,680 --> 00:22:20,159 Speaker 1: Just recently we saw a sixth tribe that the Oklahoma 368 00:22:20,359 --> 00:22:24,480 Speaker 1: State Court added, the Clappaw Nation. So we've seen the 369 00:22:24,560 --> 00:22:28,640 Speaker 1: ripple effects of McGirt expanding even beyond the Five Tribes. 370 00:22:28,680 --> 00:22:31,920 Speaker 1: But really for now we're talking about essentially the eastern 371 00:22:31,960 --> 00:22:37,679 Speaker 1: half of Oklahoma, which is significant. Turn into another case, Jordan's, 372 00:22:37,720 --> 00:22:42,200 Speaker 1: the Supreme Court agreed to review whether double jeopardy bars 373 00:22:42,320 --> 00:22:46,520 Speaker 1: prosecuting a defendant in federal district court after he's convicted 374 00:22:46,560 --> 00:22:51,080 Speaker 1: in a court of Indian offenses. Tell us about that case. Sure, So, 375 00:22:51,160 --> 00:22:55,640 Speaker 1: the Supreme Court recently agreed to review a double jeopardy case, 376 00:22:55,640 --> 00:22:59,760 Speaker 1: and the question there is whether double jeopardy rules bar 377 00:23:00,359 --> 00:23:04,240 Speaker 1: prosecution of a defendant in federal district court after he's 378 00:23:04,320 --> 00:23:07,960 Speaker 1: convicted in what's called a court of Indian offenses. And 379 00:23:08,000 --> 00:23:10,560 Speaker 1: so the question there is going to be whether this 380 00:23:10,720 --> 00:23:14,600 Speaker 1: Court of Indian Offenses counts as a tribal court or 381 00:23:14,720 --> 00:23:18,840 Speaker 1: a federal court. And that's because under double jeopardy as 382 00:23:18,840 --> 00:23:22,359 Speaker 1: it exists now, there's something called the separate sovereigns or 383 00:23:22,520 --> 00:23:26,879 Speaker 1: dual sovereignty doctrine, which says that the law doesn't barb 384 00:23:27,000 --> 00:23:30,240 Speaker 1: multiple prosecutions for the same offense so long as they're 385 00:23:30,240 --> 00:23:34,520 Speaker 1: being prosecuted by separate sovereigns, meaning the state versus the 386 00:23:34,560 --> 00:23:38,119 Speaker 1: federal or tribal versus federal. So the question here is 387 00:23:38,119 --> 00:23:41,359 Speaker 1: whether we're in fact talking about separate sovereigns when we 388 00:23:41,400 --> 00:23:44,879 Speaker 1: talk about the Federal District Court and the Court of 389 00:23:45,200 --> 00:23:50,320 Speaker 1: Indian Offenses. Just describe what the Court of Indian Offenses is. Sure, So, 390 00:23:50,440 --> 00:23:53,640 Speaker 1: these are courts that are operating in places where tribes 391 00:23:53,680 --> 00:23:59,240 Speaker 1: have jurisdiction over American Indians and states don't, but where 392 00:23:59,280 --> 00:24:02,760 Speaker 1: there haven't been tribal courts that have been established to 393 00:24:02,920 --> 00:24:07,040 Speaker 1: take on that task. So they're essentially filling a gap there. 394 00:24:07,080 --> 00:24:11,520 Speaker 1: And so that sort of quasi tribal quasi federal nature 395 00:24:11,560 --> 00:24:14,440 Speaker 1: of them is what's leading to this question of what 396 00:24:14,560 --> 00:24:17,960 Speaker 1: does the Court of Indian Offenses actually count as? Is 397 00:24:17,960 --> 00:24:22,840 Speaker 1: it federal or tribal for purposes of this double jeopardy analysis, 398 00:24:23,000 --> 00:24:27,640 Speaker 1: why would it be considered federal and not tribal? Well, 399 00:24:28,040 --> 00:24:31,119 Speaker 1: these courts are called CFR courts. They're governed by the 400 00:24:31,200 --> 00:24:34,760 Speaker 1: Code of Federal Regulations. It's in the name itself. When 401 00:24:34,800 --> 00:24:37,680 Speaker 1: we're talking about Indian law, we're talking about a lot 402 00:24:37,720 --> 00:24:41,560 Speaker 1: of its stemming from federal law. So it's easy to 403 00:24:41,720 --> 00:24:46,360 Speaker 1: understand how the state isn't involved. But the line between 404 00:24:46,359 --> 00:24:51,000 Speaker 1: whether something is happening via federal jurisdiction or tribal jurisdiction 405 00:24:51,359 --> 00:24:54,640 Speaker 1: can sometimes be blurry. This is coming from the Bureau 406 00:24:54,800 --> 00:24:58,440 Speaker 1: of Indian Affairs. We're talking about the federal government here, 407 00:24:58,480 --> 00:25:01,600 Speaker 1: and so the line can be blurred sometimes, and so 408 00:25:01,640 --> 00:25:04,800 Speaker 1: the question here is which side of the line does 409 00:25:04,840 --> 00:25:07,680 Speaker 1: it fall on at least for these double jeopardy purposes. 410 00:25:08,080 --> 00:25:10,399 Speaker 1: And tell us a little about the facts of the case. 411 00:25:11,000 --> 00:25:15,760 Speaker 1: So this case involves Mr Denesbi and he was a 412 00:25:16,000 --> 00:25:20,680 Speaker 1: Navajo tribal member. He was arrested by tribal authorities with 413 00:25:20,800 --> 00:25:24,679 Speaker 1: violating tribal assault and battery law and with Code of 414 00:25:24,720 --> 00:25:28,760 Speaker 1: Federal Regulations, violations of terroristic threats, and false imprisonment. And 415 00:25:28,800 --> 00:25:32,359 Speaker 1: he was charged in one of these CFR courts. He 416 00:25:32,560 --> 00:25:35,919 Speaker 1: entered a plea and his remaining charges were dismissed, but 417 00:25:36,000 --> 00:25:39,800 Speaker 1: he was later charged in a Colorado Federal District court 418 00:25:40,160 --> 00:25:43,800 Speaker 1: with aggravated sexual assault. He was convicted there, sentenced to 419 00:25:43,880 --> 00:25:47,320 Speaker 1: thirty years. And so he's raising a double jeopardy claim. 420 00:25:47,320 --> 00:25:49,920 Speaker 1: And you can see just from this case itself how 421 00:25:49,960 --> 00:25:53,520 Speaker 1: significant the issue is, given how we're talking about either 422 00:25:53,600 --> 00:25:56,919 Speaker 1: an added punishment of thirty years or just the hundred 423 00:25:56,960 --> 00:26:01,320 Speaker 1: forty days of incarceration that he faced through this CFR court. 424 00:26:01,400 --> 00:26:05,720 Speaker 1: So there are big implications for everyone involved. And tell 425 00:26:05,800 --> 00:26:10,639 Speaker 1: us about that case in involving double jeopardy. Sure, So 426 00:26:10,680 --> 00:26:13,520 Speaker 1: there was a case called Gamble against United States that 427 00:26:13,600 --> 00:26:15,440 Speaker 1: was pending at the court a few years ago. They 428 00:26:15,440 --> 00:26:19,560 Speaker 1: decided it in. People were looking to that case to 429 00:26:19,600 --> 00:26:23,200 Speaker 1: see whether the court was going to overturn this longstanding 430 00:26:23,280 --> 00:26:26,720 Speaker 1: dual sovereignty or separate sovereigns dropped in. A lot of 431 00:26:26,720 --> 00:26:29,639 Speaker 1: people were looking at it as something that was really unfair. 432 00:26:29,680 --> 00:26:33,200 Speaker 1: You can be prosecuted for the same offense twice, regardless 433 00:26:33,280 --> 00:26:37,080 Speaker 1: of whether it's in a separate sovereign. People don't necessarily 434 00:26:37,400 --> 00:26:39,119 Speaker 1: care about that. People are looking at the fact that 435 00:26:39,160 --> 00:26:42,119 Speaker 1: you're being prosecuted twice, regardless of whether it was in 436 00:26:42,160 --> 00:26:45,719 Speaker 1: a federal jurisdiction one time, a state jurisdiction, another tribal 437 00:26:45,800 --> 00:26:49,800 Speaker 1: jurisdiction a third time. And so people were looking at 438 00:26:49,840 --> 00:26:53,960 Speaker 1: that case. Critics of this dual sovereignty doctrine were anyway 439 00:26:54,040 --> 00:26:56,960 Speaker 1: hoping that the court might reconsider it, but the Court 440 00:26:57,040 --> 00:26:59,560 Speaker 1: declined to do so. So there's no question that this 441 00:27:00,119 --> 00:27:02,480 Speaker 1: doctrine is still alive, and now we just have a 442 00:27:02,600 --> 00:27:06,640 Speaker 1: question of how it applies in this discrete situation involving 443 00:27:06,640 --> 00:27:10,359 Speaker 1: these courts of Indian offenses. Thanks for being on the show. 444 00:27:10,520 --> 00:27:14,560 Speaker 1: Jordan's that's Jordan Reuben of Bloomberg Law and that's it 445 00:27:14,640 --> 00:27:17,280 Speaker 1: for this edition of the Bloomberg Law Show. Remember you 446 00:27:17,280 --> 00:27:20,639 Speaker 1: can always get the latest legal news. Honor Bloomberg Law Podcast. 447 00:27:21,040 --> 00:27:24,200 Speaker 1: You can find them on Apple Podcasts, Spotify, or at 448 00:27:24,320 --> 00:27:29,520 Speaker 1: www dot bloomberg dot com, slash podcast slash Law, and 449 00:27:29,560 --> 00:27:32,400 Speaker 1: don't forget to catch The Bloomberg Law Show every week 450 00:27:32,520 --> 00:27:35,159 Speaker 1: night at ten pm Wall Street Time, right here on 451 00:27:35,200 --> 00:27:39,280 Speaker 1: Bloomberg Radio. I'm joom Bolso and you're listening to Bloomberg