It Could Happen Here - It Could Happen Here Weekly 234
Episode Date: May 30, 2026All of this week's episodes of It Could Happen Here put together in one large file. - Nakba Stories - Real You Electrolysis Workers United: A Unionization Speedrun - Outlaw: ICE Protest Repressi...on Trends - Executive Disorder: Green Card Application Changes, the Pope’s AI Encyclical, Federal Court Blocks GOP Map in Alabama You can now listen to all Cool Zone Media shows, 100% ad-free through the Cooler Zone Media subscription, available exclusively on Apple Podcasts. So, open your Apple Podcasts app, search for “Cooler Zone Media” and subscribe today! http://apple.co/coolerzone Sources/Links: Real You Electrolysis Workers United: A Unionization Speedrun Strike Fund: https://www.gofundme.com/manage/support-real-you-electrolysis-workers-united Outlaw: ICE Protest Repression Trends Check out the other episodes of Outlaw here: https://linktr.ee/outlawpod Follow https://www.instagram.com/outlaw.pod/ on Instagram & @outlawpod.bsky.social Bluesky, & Substack https://outlawpodcast.substack.com/subscribe Final Straw’s past episodes on Grand Juries and Grand Jury Resistance: https://thefinalstrawradio.noblogs.org/post/category/grand-jury/Live like the World is Dying: Mo on Grand Juries https://www.liveliketheworldisdying.com/s1e44-mo-on-grand-juries/ Executive Disorder: Green Card Application Changes, the Pope’s AI Encyclical, Federal Court Blocks GOP Map in Alabama https://www.federalregister.gov/public-inspection/2026-10598/refugee-admissions-for-fiscal-year-2026-emergency-presidential-determination-presidential https://x.com/Southcom/status/2059440695488790898 https://x.com/atrupar/status/2059452011636982241 https://x.com/AndyKimNJ/status/2058624606085226502 https://lavocedinewyork.com/en/news/2026/05/26/how-ice-silenced-the-face-of-the-delaney-hall-hunger-strike/ https://www.opcw.org/sites/default/files/documents/2026/05/ec112dg10%28e%29.pdf https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf https://www.uscis.gov/sites/default/files/document/memos/PM-602-0198-SIJDeferredAction-20260410.pdf https://x.com/FoxNews/status/2059679711391838507 https://x.com/PAKenglishh/status/2059021151242801270 https://x.com/JenGriffinFNC/status/2059045450666131705 https://x.com/USAfricaCommand/status/2059300434313982084 https://www.wsj.com/world/africa/nigeria-says-strikes-were-aimed-at-protecting-all-religions-not-just-christians-1b3676cf https://www.americanimmigrationcouncil.org/blog/green-card-news-uscis-memo/ https://www.foxnews.com/politics/feds-subpoena-hasan-piker-medea-benjamin-over-cuba-trips https://x.com/ryangrim/status/2059420660758171701?s=20 https://www.theverge.com/policy/902284/cuba-aid-convoy-phones-seized-cbp-nuestra-america https://apnews.com/live/election-primary-texas-runoff-05-26-2026 https://www.wired.com/story/us-law-enforcement-warns-of-anti-tech-extremism/ https://www.scotusblog.com/2026/05/court-clears-way-for-alabama-to-use-congressional-map-blocked-by-lower-court-as-racially-discrim/ https://www.supremecourt.gov/opinions/25pdf/25-243_f20h.pdf https://drive.google.com/file/d/1K2ZfobOClPyEWDtLELathLkD1eYNTCAD/view https://alabamareflector.com/2026/05/26/federal-judges-block-alabamas-use-of-2023-congressional-map/See omnystudio.com/listener for privacy information.
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This is an I-Heart podcast.
Guaranteed Human.
Number one hits, millions of records sold.
Awards, sold-out tours.
You think that Jonas Brothers are satisfied?
Nope, it's podcast time.
We get to ask other people questions because we're sick and tired of being asked questions.
Hey, Jonas is available now, and their first guest is a big one.
Paul Rudd.
You know, Steve Carell is a great singer.
Can you tell you not to audition at the office or something?
I told him.
Whoa.
We were filming Anchorman.
Clearly, I was the idiot.
Thank God he didn't listen to him, right?
Listen to Hey Jonas on the IHeart Radio app, Apple Podcasts, or wherever you get your podcasts.
On Humor Me with Robert Smygel and Friends, we help make you funnier on this episode.
My guest's Bob, Odin Kirk, and Kids in the Halls, Bruce McCullough, try and help the Kazoo Kid and Tayson Day be famous again.
What if there's an alternate universe show where you guys are incredibly popular?
Well, and they could travel up the land doing meet and greets.
They're constantly needed at malls.
Listen to Humor Me with Robert Smygel and Friends on the IHard Radio app, Apple Podcasts, or wherever you get your podcasts.
Your 20s can be so exciting, but they can also be really overwhelming, confusing, and honestly, just kind of lonely.
May is Mental Health Awareness Month, and the psychology of your 20s is breaking down the science behind the biggest roadblocks we face.
I was six years into my career, the 80-hour weeks, and just the first one in, the last one out, and I ended up burning out.
There was a large chunk of my 20s that I like was just so wanting to like be out of that phase out of my skin.
And I just like really regret not living in the present more.
You don't need to have everything figured out right now.
You just need to understand yourself a little bit better.
Listen to the psychology of your 20s on the IHeart radio app, Apple Podcasts or wherever you get your podcasts.
Here's something that should not be as complicated as it is.
Getting a racist statue removed.
And here's something that should be a whole lot easier than it is.
getting a new one put up in its place.
I'm Akila Hughes, and Rebel Spirit Season 2 is about both of those things.
As I was watching these statues come down, I was thinking about what it meant
that I grew up in a majority black city, in which there were more homages to enslavers than there were to enslave people.
Listen to Rebel Spirit Season 2 on the IHeart Radio app, Apple Podcasts, or wherever you get your podcasts.
AllZone Media.
Hey, everybody. Robert Evans here, and I wanted to let you know this is a compilation episode.
So every episode of the week that just happened is here in one convenient and with somewhat less ads package for you to listen to in a long stretch if you want.
If you've been listening to the episodes every day this week, there's going to be nothing new here for you, but you can make your own decisions.
Hello and welcome to It Could Happen here.
My name is Dana El-Kurd.
I'm a researcher and analyst of Arab and Palestinian politics.
I'm recording this on May 19, 26, and this past weekend, May 15th,
was Nekba Day.
Nekba is the Arabic word for catastrophe.
And Nekba Day commemorates when close to a million Palestinians were expelled in 1948
with the founding of the Israeli state, so the Palestinian catastrophe.
Hundreds of villages and towns were destroyed, and many Palestinians were made refugees
in camps around the new state, in Gaza, the West Bank, Jordan, Syria, Lebanon, and farther afield.
within Israel, Palestinians who somehow managed to remain were put under a military rule.
As the past few years have demonstrated, and as many Palestinians will tell you, this Nekba never
ended. Usually I use this podcast to discuss current events or to interview someone who is an
expert on a dynamic I'm interested in, and I think is useful for people to hear.
But today I'm going to be doing something a little different and outside my comfort zone.
I'm going to share my personal family history and our knuck up a story.
I'm a Palestinian from Jerusalem.
Both sides, my mom and my dad are from Jerusalem, and I was born there.
Usually when people ask me where I'm from, and I say that, they just assume East Jerusalem
because that's where Palestinians have been sequestered today.
They were driven out of West Jerusalem in 1948.
But actually, some of my family were from the western side of the city.
My paternal grandmother and her family lost their home in West Jerusalem in 1948.
My grandmother ended up spending three years in Aqabidjabar refugee camp outside of Jericho
because my great-grandfather had been wounded trying to defend the city and they were waiting to see if they could return.
My grandmother has told me details about this time.
She talked about the makeshift school in the camp that only went up to the eighth grade.
So my grandmother repeated the year a couple of times and then eventually dropped.
out of school because she couldn't continue past the eighth grade. Now, the rest of her siblings,
especially upon their return to Jerusalem, were all fully educated. As adults, many of them held advanced
degrees. My grandmother was the only one as the eldest who had paid the price of displacement in
this way. She was trained as a seamstress later on, but always lamented that she had to leave
school early. She also told me about her house in Ba'a, which is in West Jerusalem, a neighborhood
in West Jerusalem before it was taken during the Nakhba.
This was a newer neighborhood with nice views of the city
where middle-class Palestinian families were expanding their homes
as their families expanded.
My grandmother's family had only moved into this house
two months prior to the Nakhba.
And she used to tell me how the house had been newly painted
and it was made of beautiful stones.
Before she passed away, she would often cry over this house
as if it had just been taken.
That house, by the way, still stands in West Jerusalem.
The last time I visited Palestine, my grandmother's younger siblings showed me pictures of themselves posing in front of their house, now occupied by Israelis.
Now, my grandmother's story is very typical, but also very lucky, because her and her family, they did become refugees, yes, but they found their way back to the city.
Most Palestinians were never able to return back to their hometowns.
They were lucky in that sense that they had property and family in other parts of the city on the eastern side and they were able to continue.
We were able to continue. That's how I was born in Jerusalem myself because of that luck.
Now, on my maternal side, I don't know as much about them and their neck of a story. I left Palestine
when I was a child. I don't have a close relationship with my mother's side of the family.
And they harbor a lot of secrets. I never knew much about their histories and their dramas.
My maternal grandmother is divorced and the family had fractured in particular ways. So there's a lot of
touchiness. Many parts of the family were estranged from each other. One thing I did eventually find out
when I was a teenager was that my mother's grandmother, so my great-grandmother, was actually Israeli.
This was my mother's paternal grandmother, her dad that she no longer had a relationship with
because of her parents' divorce. And I didn't have much information beyond that. I knew her name,
Rachel, but nobody really wanted to talk about this Israeli great-grandmother.
It was also an uncomfortable finding for me at the time because I'm a Palestinian from Jerusalem.
The only Israelis I had ever engaged with at that point were soldiers.
So I didn't press the subject.
It was just another family secret we didn't talk about.
When I got older, I got more curious about this and I asked for more information.
And I asked my dad to confirm whether this was true, that my mother did in fact have an Israeli grandmother.
Like this wasn't just a rumor.
And he said he had met her himself.
In fact, he had met her while I was a toddler, apparently, and I had met her.
So, of course, I had no recollection.
My dad says that during her visit to my mother's family, so this would be Rachel's grandchildren
and then her daughter-in-law, there had been some argument, and they had harangued her
over the actions of her state and her state's military.
And according to my dad, she replied that it had nothing to do with her because she came
during the British Mandate era. She was classified as a Palestinian Jew. And he told me as much of the story
as he had been told. Rachel was a Polish-Jewish woman. She came to Palestine. She married my great-grandfather,
who by my father's description was kind of a wealthy Palestinian playboy type. They had two children,
and in 1948, when Israel was founded, and Palestinians were ethnically cleansed, my great-grandmother
and great-grandfather split up. What my dad understood to have happened was Rachel left
her children, joined her new countrymen, and that was that. So as I said, Jerusalem was split up.
The western side was cleared of its Palestinians. There was an armistice line where actually
the newfound Israeli state housed recent Arab Jewish migrants, sort of as cannon fodder.
One of those neighborhoods where Arab Jews were placed later birthed the Israeli Black Panthers.
And then the Western side was under Israeli rule, and Palestinians on the eastern side of the city
fell under Jordanian rule. So the story goes that my great-grandmother left and my great-grandfather
put his children in an orphanage. My dad says he heard they were often mistreated, possibly because
their mother was Israeli. And later when Israel occupied the rest of Jerusalem and the city was
unified, my great-grandmother did go looking for her children, but my grandfather didn't connect
with her, so her son and moved to Jordan. Now, from my mother, I also pressed for more information.
had never told me any of this story. But this year, literally a few weeks ago, she finally gave me
Rachel's last name. I dug around to see what I could find out about her. I asked online, I got the
help of people who had expertise in Jewish genealogy. And what I found was a much more complicated
picture. First, I found an academic article about a quote, nonpartisan Zionist youth group in Belgium
in the 1920s and 1930s. I don't speak Hebrew, so I'm going to mispronounce this.
I think it's called Ze'er Ha'am, getting their members ready to make the journey to Palestine.
That's what this article was about.
They were nonpartisan in the sense that they included a lot of different strains of Zionism,
so right-wing Zionism, left-wing Zionism among the members.
But the Zionism itself, of course, was taken as a given.
Now, the article included quotes from former members of this group and kind of grainy black and white photos,
of which the name Rachel appeared in the captions with her last name.
And when I first saw the woman identified as Rachel in this group photo,
I knew instinctively that I had found her
because she looked like a blonde version of my mother.
My intuition was very quickly confirmed
because Rachel was identified by her married Palestinian name
in the footnotes where she was quoted.
So I found her. Here she was.
I wanted to know more about what had happened to her
after these pictures in Belgium were taken.
The article states that she immigrated to Palestine in the early 1930s at the encouragement of her, quote, Zionist mother.
But what had led her between 1933 and 1948 to marry and then leave a Palestinian?
And then why was she visiting her grandchildren and apparently me in the 1990s?
The second big piece of information I got was because of a blue sky account, P-Y-M-U-N-D, genealogy.
This is a person who works on Jewish genealogy, has an interest in it.
And he helped find an article that had been written about my great-grandmother in the Israeli magazine, Maarev.
So shout out to this guy.
Now, this article was dated June 12, 1987.
It's a three-page spread.
And in this interview that Rachel gives, she talks about her childhood in Antwerp,
her immigration to Palestine as a young woman, and her marriage.
So apparently after her civil ceremony with my great-grandfather in 1935,
they had traveled across Europe for a whole year, even meeting the extended family in Poland, where
Rachel's family was originally from. Her new husband was honored by her uncle, who was an
important rabbi. Now, for reasons she does not outline, Rachel discusses leaving her husband,
maybe assuming the separation would be temporary in 1948. But unlike the story that my father had
heard and I had been told, she had not left her children. And in fact, there had been four of them.
She left two of them with their father and took the eldest and the baby that she was pregnant with to West Jerusalem.
She kept her married name and she never officially divorced.
I can only assume that she didn't guess the city would be divided or maybe didn't understand for how long.
Now when Israel took the rest of the city in 1967, she not only reconnected with her, I guess, Palestinian children,
but it seems from this article had warm relationships with them until the end.
Rachel had assisted my grandfather her son in marrying my grandmother, compiling the dowry.
The children who had been raised Israeli had reconnected with their family to varying degrees.
Some of the Palestinian children visited the Israeli children in Tel Aviv, according to this interview.
Rachel even reconnected with her husband, my great-grandfather, living with him until he passed in 1983.
Rachel had also maintained a relationship with her daughter-in-law, my maternal grandmother,
even after her son's divorce.
In this article, I recognized the descriptions of my mother and my aunts.
Rachel had kept visiting them until she died in the mid-1990s.
So that explains the visit that my father had witnessed.
I quickly realized that, of course, it had been easier for many members of my family to pretend
this had never happened, try to keep the truth of these relationships,
from their children. I suppose they preferred a needer story of clean breaks and solid national divisions.
It's also not lost on me that much of this obfuscation relies on the common misogynistic trope
of the negligent mother, which was apparently easy for everyone to believe.
Now, I won't say that Israeli-Palestinian marriages are common, or that intimate relationships
between the two groups are easy to find. But they aren't unheard of. Israeli political parties are
certainly scared enough of this prospect. They often voice condemnations of inter-ethnic relationships
of this kind. So this phenomenon must exist at some level. And I guess I shouldn't be surprised either
because Palestine's most well-known poet, Mahmoud Darwish, was famous for his poetry. Among many of them,
a poem he wrote to his Jewish girlfriend titled Rita. This was the same man that joined the PLO,
lived through the Israeli siege of Beirut, and wrote the Palestinian Declaration of Independence.
Now, Rachel's story really boggled my mind in its contradictions because she had been part of a Zionist youth group.
She had actively joined an effort to facilitate the migration of Europe's Jewish population to Palestine,
eventually leading to the displacement of Palestinians.
But she had married a Palestinian.
And in the interview for Marif, she describes running to the eastern part of the city when Israel occupied it in 1967 to see, quote, her friends.
and she says she would marry my great-grandfather all over again if she could.
You see, dear, it was a great love, she told her interviewer.
Ironically, my parents and my maternal grandparents,
all of which share national and religious identities,
both ended up divorced,
but Rachel and her Palestinian Muslim husband somehow stayed together.
At the same time, Rachel turned a blind eye to many things,
and she herself hid many things.
For example, she doesn't reveal the details of her children raising,
is Israeli. The interviewer in the Ma'ar of magazine interview emphasizes that they wouldn't want
their information known, especially about their lineage. It seems that neither ever reconnected
with their Palestinian father. And most tellingly for me in that interview, when my maternal grandmother,
Rachel's daughter-in-law, complains of the Israeli soldiers in the neighborhood that she lived in,
the interviewer reports that Rachel feigns deafness and returns the conversation to a discussion of the children.
Now, Rachel isn't abnormal. Israeli society has turned a blind eye to many things.
Many Israelis pretend that the Palestinians as a national group do not exist.
They prefer to think of them, or prefer to think of us, as the reincarnation of Nazis or the modern day manifestation of anti-Semitism.
Or at best, Palestinians are merely generic Arabs with easily severed ties to this particular
land. The Israeli state even grows pine trees over-emptied and demolished Palestinian villages
to ensure return is impossible and to hide the extent of what happened. In the latest war on Gaza,
images and videos from Gaza are dismissed as AI fabrications. They call it Hollywood. It's just
an effort by Palestinians to put Israel in a bad light.
And governments the world over seem to have taken this position of turning a blind eye to the
oppression Palestinians have faced and assuming Palestinians would live and die never having exercised
their basic rights. All I can say is I'm living proof that these silences prolong the inevitable,
that the truth eventually comes out. And the return is inevitable. The longer we wait to
acknowledge the reality of the situation, the more people will suffer. And the more
this kind of intergenerational trauma will continue. I recently finished Molly Crabapple's book,
here where we live as our country, on the Jewish Bund. She quotes a Jewish bundist Lievic Hodes,
saying that, quote, belief in mankind is not popular today. In these last years, we have all seen
it become deeply debased, despoiled, and spat on. But if man is at heart a beast, no amount of
running away will help, end quote. This really resonated with me. I,
firmly believe that we can't rely on silence to disappear our problems.
We can't run from each other.
Let my family history be a testament to that.
When we understand that, then the truth and the resolution and the return is only a matter of time.
And maybe then the Nekba will end.
Thank you for listening and hope you all stay safe.
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Canadian women are looking for more.
More to themselves, their businesses, their elected leaders,
and the world are at them.
And that's why we're through.
thrilled to introduce the Honest Talk podcast.
I'm Jennifer Stewart.
And I'm Catherine Clark.
And in this podcast, we interview Canada's most inspiring women.
Entrepreneurs, artists, athletes, politicians, and newsmakers, all at different stages of their journey.
So if you're looking to connect, then we hope you'll join us.
Listen to the Honest Talk podcast on IHart Radio or wherever you listen to your podcasts.
Number one hits, millions of records sold, awards, sold out tours.
You think that Jonas Brothers are satisfied?
Nope, it's podcast time.
We get to ask other people questions
because we're sick and tired of being asked questions.
Hey Jonas is available now,
and their first guest is a big one.
Paul Rudd.
You know, Steve Carell is a great singer.
Can you tell you not to audition at the office or something?
I told him.
Whoa.
We were filming Anchorman.
Clearly, I was the idiot.
Thank God he didn't listen to him, right?
Listen to Hey Jonas on the Iheart radio app, Apple Podcast,
or wherever you get your podcasts.
On Humor Me with Robert Sligo and Friends,
we help make you funnier on this episode.
My guest's Bob, Odin Kirk, and Kids in the Hall's Bruce McCullough, try and help the Kazoo Kid and Tayson Day be famous again.
What if there's an alternate universe show where you guys are incredibly popular?
Well, and they could travel up the land doing meet and greets.
They're constantly needed at malls.
Listen to humor me with Robert Smiglin Friends on the IHard Radio app, Apple Podcasts, or wherever you get your podcasts.
Welcome to Iqadap and hear a podcast about going on strike and hopefully winning.
I am your host, Mia Wong.
There's a concept in union organizing called a hot shop, which is a shop where everything is moving really, really quickly.
And people are organizing really quickly.
And bad stuff is happening really quickly and people are reacting really quickly.
And today we are going to talk to maybe the hottest shop I have ever encountered.
So, and to discuss the shop, I am talking to Jackie May and Deja Indigo,
who are members and organizers of real you.
Electrolysis Workers United. Both of you two, welcome to the show. Hi. Thank you. Thank you for having us.
Thank you for having us on such short notice. You said hot shop and yeah, it's been a week.
Very hot week, indeed. I had heard this was going on and it was there's an attempt to go public.
The next thing I heard was like the next day and there was a strike and I was like, oh my God,
this is wild. So, yeah, not even a week.
ago. Yeah, it will be, I think by the time you're listening to this, it will be one week.
Yeah, yeah, okay, that's fair. Yeah, I want to mention this is being recorded on Monday and May 25th.
This situation is moving very quickly. There is a chance that things have changed by then.
We will try to get an update in if something really major has happened. But let's roll this back
to the beginning. And I think the place I want to start is. So you,
all are
real you,
electrolysis workers
united.
So you are
electrolysis workers.
I know
this audience
specifically
of it could happen
here has a
significantly
higher chance
of the general
population
to know
what electrolysis
is, but
can you explain
for people
who don't know
or only
kind of familiar
what electrolysis is?
Of course.
Electrolysis
is the only
FDA recognized
method of
permanent hair removal.
It is a technique that dates back a surprisingly long time where we insert a filament about the size of a hair into individual hair follicles.
And with the use of electricity to generate either heat or lie, we basically kill each hair follicle at its root.
And that hair, if all goes according to plan, will not come back.
It is commonly used in gender affirming care.
And that is one of the, if not the, specialty of real u. electrolysis.
Yeah, can you talk a bit about this in a gender affirming care context?
Of course.
You know, if you are a transgender person and you are undergoing medical transition,
there is a variety of reasons you might want to have hair permanently removed.
Yeah.
Either in preparation for surgery, both in terms of a trans feminine or transmasculine surgical context,
you will need hair permanently removed from some parts of your body that will be involved in that.
You also may want to have facial hair or body hair permanently removed.
Again, this applies to both transfeminine, transmasculine, and people anywhere else on the transgender spectrum.
Because, you know, not everybody wants to have body hair.
Yeah.
Or facial hair.
Yeah, and this is something that, I mean, I can personally say you can get a lot of dysphoria from
body hair. It can be real bad. Oh, yeah, I can't. And not having it is such a huge difference.
Yes. And I guess a thing that I should say, so my understanding of electrolysis, I have not done electrolysis.
I have a lot of friends you have. But the thing about electrolysis versus like, you know, shaving or something is that once you hit a hair follicle, it's gone.
And theoretically, after you're done with, you know, like a bunch of the sessions, you just don't have hair growing there.
Yes. Correct.
And also I should note that it is also covered by most health insurance that does cover gender affirming care.
I know we all have kind of mixed feelings about the W-path standards,
but it is considered the standard of care for hair removal under the W-path.
So, you know, a significant proportion of the patients at the Real Euletrolysis Clinic are using insurance to pay for their care.
Uh-huh.
Yeah, which is really cool.
Not all trans health care is that expensive, but
electrolysis is not the most cheap thing if you are paying out of pocket.
And it's really not.
Yeah, it's usually out of pocket is somewhere between $120 to $240 an hour,
depending on your provider.
Yeah.
And these are weekly sessions, usually at least an hour,
sometimes they can be less for those who have difficulty tolerating it. Some people go for even more,
like some patients may elect to get like six hours of it done. But again, this is a lot of out-of-pocket costs,
especially when it generally takes anywhere from a year and a half to three years to fully clear an area.
So this is why it's so important to have this covered by insurance because it really adds up quickly.
Yeah, and I think this is also gets into what's important about this shop, which is that this is one of the few electrolysis places I've ever encountered where huge portions of the staff are trans.
Yes.
And yeah, can you talk a bit about what that's been like doing, you know, like doing this kind of gender affirming care on other trans people who normally,
I could say this at a medical setting.
I can count on one finger the number of trans health care providers.
I mean, I guess if you count pharmacists, I can add like a second finger.
Like in my entire life that I'm extremely lucky that I've even gotten one trans health care provider who is trans.
Well, it's an honor and a privilege to be able to work with other trans people.
for gender affirming care for our community.
Yeah.
Because we don't just serve the Vancouver area.
We also serve the PDX area.
And further, we have patients that commute from hours and hours away.
That is true.
Yeah.
For people who don't know, a little bit of geography stuff that will become important later.
So this is Vancouver, Washington, which is just like right across a river from Portland.
This amazingly, the fact that technically speaking this river,
is like the state border will become important in a little bit.
Yes.
Yes, indeed.
Yes, it will.
Oh, boy.
Yeah.
So, all right, I'm going to ask all of you to put a little pin in a city that is technically
across a state border from another city, but is like you just drive over a bridge and you're there.
Okay.
Let's go talk about some strike shit.
Mm-hmm.
Okay.
So, I guess to start, can we talk about how organizing kind of first started at, at Real Yulachal.
Yes. It first started because they hired me, Mia.
They hired me. Ever since I was a little girl, I have been enchanted with the idea of a workers' union and people working together to make their conditions better.
It is something that I have had to learn and practice on my own because I didn't know about the IWW.
it's a thing that I was trying to do
before I moved out here
and then this opportunity
just drops into my lap
and it's queer people
and they're working on queer people
I've got goosebumps
it's not because I'm cold
and how could I in good conscience
just like let that opportunity go
yeah
yeah Jackie May
is very much
much the motive force behind us getting our shit together and unionizing. I remember from the time that I
started, Jackie May was talking about having a goal to unionize the shop. We weren't expecting it to be
on such a quick timeline, but I was really excited to have somebody else who was into doing this
because I've always been a hardcore leftist
and an extreme socialist, communist,
I don't know, whatever label you want to put on me.
Workers' rights, like, we should own the means of production
and we should be the ones receiving all of the benefits from it.
Yeah.
But Jackie May has just been, like, ready to go.
But we could also talk about, like, the actual start to, like,
okay, what did we actually start doing things to this direction, right?
Do you want to take that, Jackie May?
Yeah, so, like, light talks have been going on since I got there back in, actually, June of last year.
It's always just been real light, real surface level is in, hey, do you support a union?
Would you like to consider being in one one day?
And then I go about my day.
Like, that's as far as the conversation goes, because that's all the information I need at that point.
Yeah.
So I knew who in the building was yes.
And last month, one of our members,
someone who was already in talks with us,
was fired.
And the circumstances around that person being fired,
the vibes were off, right?
Like, the previous week there was a dirty cart
that just happened,
to appear in her room.
That would be worth the write-up to get her fired.
Huh.
That cart couldn't have been hers
because before she started school,
she moved that cart to her substitute
clinician's room.
Like, could not be what management said it was.
So it looks like something that was fabricated.
To clarify, this union member, this coworker,
was going on a leave of absence to attend a certification training program.
So that is why she had a substitute clinician taking over her equipment.
I should also add that this was the first time they have ever done room inspections on site.
In fact, they've only done room inspections twice, and both times resulted in a term.
Well, that's not suspicious at all.
Anyway, sorry, Jackie May, please continue.
No worries. It's okay.
Listen, we're allowed to rabbit trail, but we come back to, so our friend was fired, right?
It's super duper suspicious.
Yeah.
And I saw an opportunity, and I took that opportunity to talk to people about it.
And for like a few days after this, it happened.
Nobody knew where she was at.
Nobody knew what happened.
Yeah.
So the narrative was entirely up to me and just going, this is what they did.
And we all know this, we all know this person.
We've worked alongside this person.
We all recognize her skill and how intelligent she is.
She's going to go on to teach this stuff.
It's true.
And it made all of us scared that one of our,
our best could just be removed like that.
Yeah.
Bingo.
This is, to my understanding, this is a pretty small shop, right?
Like, you know, everyone knows everyone else.
Oh, yeah.
Yes.
Yeah.
Like maybe 15 or 16 practicing clinicians at a given time.
Yeah.
Thereabouts.
Which, yeah, I guess makes it more scary when it's someone you know when you're close to
just, is just suddenly fired.
And I should note that most of.
us who have worked there are also patients there. So like a lot of these, a lot of our coworkers
are not just coworkers. They're also practitioners that provide gender affirming care to us.
Yep. So we don't just have like a superficial sense of the clinical skill of these people.
We have direct experience. Yeah. And that makes it just that much more devastating when
it's somebody you know is extremely good at their job is just suddenly gone under very suspicious
circumstances.
Yeah, it's devastating.
So this gets into one of the truly wildest and most distressing parts of this entire story,
which is, can you talk about the, I guess I would just call it the most neutral thing I
can call it is the loan. Yes, absolutely. So remember when we kind of put a pin in the fact that
Vancouver, Washington is right across the river from Portland, Oregon. So there is a big difference
between how the state of Washington and how the state of Oregon regulates the practice of electrolysis.
In the state of Oregon, you cannot practice electrolysis without first going through.
through a certification program and passing a certification exam to become certified.
In the state of Washington, as long as you are practicing under the authority of somebody who has
been certified in another state, you can practice electrolysis without certification.
In fact, the state of Washington does not currently have their own certification framework for
electrolysis. So those of us who work at Real U Electrolysis were all hired without prior certification.
I think there may be one or two exceptions over the years, but by and large, the overwhelming
majority are people who have no prior experience performing electrolysis. So Real EU Electrolysis
does have certified electrologists on staff who are responsible for the training of new hires.
One of the conditions of employment at real you electrolysis is to agree to sign a promissory note,
wherein real you electrolysis will basically provide a stipend and pay for all expenses related to receiving certification from a certification program
in exchange for four years of work at real you electrolysis.
those who sign this note are not required to directly pay back any money unless they either
fail to complete their schooling, fail to pass their certification, resign their position within
four years, or are terminated. And at that point, they are immediately liable to repay the full
amount of the promissory note. So essentially, as soon as you enter the
enter schooling.
And again, this is a condition
of employment. Every single person
who has been hired by real e-electrolysis
could not start working without signing
a contract agreeing to sign
this promissory note when it comes time
to be sent to school. Yeah, and can you talk about
how much money is it that you have to pay back
if you either get fired or leave?
At least $21,000 in this case.
Jesus Christ. Like,
Oh my God!
Yeah.
It's cartoonishly evil.
Yeah.
I should clarify as well that most of us who are hired are not coming into this job
from a place of financial privilege.
Most of us had some manner of skepticism over this contract,
but because the opportunity just seemed so great
and because we had not heard any history of, you know,
any sort of bad faith actions from management,
I think we all just kind of decided, well, I get to work with a bunch of cool trans people
on a bunch of cool trans people for decent pay and benefits.
And they probably won't just fire me once I sign this loan.
Like, that wouldn't be cool.
And so where this really comes into play is that the union member, the coworker who was fired,
as I mentioned before, was on a leave of absence to be.
in school. And basically, she was fired and immediately they demanded repayment in full of this loan.
So not only did she lose her job over extremely spurious circumstances. She now was on the hook for
$21,000, like, immediately. I think the deadline they gave her is in like two days. So I want to add something
to all of that.
Yeah.
They had her sign that loan,
knowing that she had
two write-ups on the books
and that her next write-up
within those four years
would lead to termination.
They knew that.
They have that on file.
They admitted that to our faces.
We had a group of witnesses
who can attest to this
because we did all confront them.
That's jumping a little bit
further ahead in the story. We'll get there.
Yeah, I just, I want to stay here for a second to just sort of,
just walk through how unbelievably unhinged this is, which is that, yeah, so the,
the condition of working here is that you have to sign, like, what is effectively an
indentured servitude contract.
Like, it's like, okay, you have to work here for, like, four years, and if we ever decide
to fire you, you can't leave.
And if you ever decide to fire you,
you just owe $21,000.
Which just
on the face of it is such
an unbelievably exploitative situation
because, yeah, this is a bunch of queer and
trans people. Like, no
fucking trans person has $21,000.
Like, that's just
not a thing. Like, yeah.
Certainly not of us.
Like, what are we doing here?
Like,
taking advantage of the
trans community.
Yeah.
And then you have the
just as the baseline condition
of just everyone
has just the doom of
Damocles hanging over their head.
And then also, you know,
like what you were describing were
okay, you get someone to sign the contract
knowing that you can get rid of them
after one more infraction. That's such an
incredible incentive to
like mistreat and fire
people because if you fire
someone, you can just collect
like try to collect like $21,000 from them?
Financially ruin somebody, financially destroy somebody,
render them homeless even.
Yeah.
It's what we call a perverse incentive.
Yeah.
You can just reduce someone effectively into a debt peon.
And usually that kind of threat is abstract.
This is how you're incentivized to work and to stay in line.
If you lose your job,
then you're going to like drown in all of the things you need to do.
to survive.
But no, here it's just, yeah, you're now $21,000 in debt to this company that just fired you.
Yep.
And again, that is due and payable immediately.
Yep.
That the way the contract is worded does not stipulate any sort of repayment period.
Now, we have attestations from previous employees who have been fired under this contract and been
released from it.
So we do know that the owners of real U electrolysis will selectively choose to release terminated employees from their contract.
However, they have elected not to do that in the case of this union member, this coworker who was fired last month.
Correct.
Yeah.
So that also looks like retaliation.
Your words.
Like sort of deliberately.
Your words.
Yeah.
You know, it doesn't look good.
There aren't good answers as to why you would.
that in this situation and not in others.
The story gets more fun too.
Oh, yeah.
Yeah, we're just getting started.
Before all of this gets even more unhinged,
we need to go to, I don't know,
maybe a source of hingedness and security.
I mean, if that's true,
I hope better things happen in your lives.
But we're throwing to the products and services
that support this podcast.
We are back.
Let's continue with
this story here and get to, I guess, the next set of firings?
Because this just keeps escalating.
So, before we actually get to the next set of firings, we would have our first and, Deja, correct me if I'm wrong, our second meeting.
You are correct.
Yeah, we would have our first and second meeting before the next firing.
May 2nd and May 14th.
Yes.
So that next firing would take place on Monday.
May 18th.
That was Monday.
May 18th.
Yeah.
So like one week ago from when this is getting recorded,
which bear that in mind as the rest of the story plays out
because the timeline here is so condensed that like it's like all of the shit that
happens with like a bad union busting campaign condensed into the span of like three days.
Yes.
We are speed running.
bad boss versus union workers story.
This is like one of the fastest escalations I've ever seen.
Before we get to this Monday, let's talk about what happened at those two meetings,
because this is genuinely such an impressive pace of like how fast all of this got organized.
Yeah, so the first meeting, May 2nd, we basically gathered every clinician who we believed we could trust,
who was not either a manager in training or did not have direct ties to management,
and also who was on-site because there were some people that we would have loved to have talked to
who were off-site attending a certification program at another location.
So we gathered up everyone we could that started with about eight of us and grew to 10 as the night we're on.
We talked about the circumstances around the firing of that co-worker who was in school.
we all talked about our options for how do we proceed.
We voted unanimously to form a union and to do so under the auspices of the industrial workers of the world, thanks in part to Jackie May having contact with them and having gotten a bit of a lowdown on what our options looked like.
Yeah.
So that was the TLDR of the first meeting.
10 people, that's like two-thirds of the shop, like of the total people.
Yes. Of the people who were active practicing clinicians there, I think we were only missing a couple.
Yep, which is really impressive. I wish we could have got them.
Yeah, we definitely wish we could have gotten to everybody or had been clearer on who was actually not management.
Yeah, that's also a thing that management will play a lot of games with who isn't, isn't union eligible.
I just want to like stop for a second and be like getting like two thirds or more of a shop to show up to the first meeting and vote to form a union is like that might be the fastest I've ever seen this happen.
It's like you did this in one meeting.
Yeah.
Speed ran the entire organizing process.
Like one meeting.
It's like unbelievable.
We put this on GameStum quick too.
Yeah.
Maybe, I don't know.
We could submit it for a world record, a new world record category.
Any percent, unanimous.
As they say, nobody organizes quite as well as a bad boss.
That's true.
You have, yeah, you have, you have the double benefit of bad boss firing people and also, like, it's a bunch of queer and trans people.
Which is like, ideal conditions for it.
organizing. Yes. So that meeting, that was May 2nd, the next meeting took place on May 14th.
Now, Jackie May, do you want to talk a little bit before we talk about this meeting about some of the things that happened in between the two meetings, like certain actions by management and people who are manager adjacent?
Oh, right. Right. Yeah. So,
Our tools-in-laundry sterilization tech, maybe specialist, I'm not quite sure on the word for it.
Salem is married to our director of operations, Zerick Lee.
That's, that's, that's, that's, no boy.
But wait, there's more.
Oh, no.
Salem actually approached at least one of our, one of our union members.
to ask directly if we were forming a union.
Yeah, which, by the way, you're not allowed to do,
you're not supposed to do that.
But, you know, that's, yeah, great, incredible stuff.
It's a lovely gray area because Salem isn't management,
but technically isn't management is simply married to management.
Married to management.
It's like technically, technically illegal, but, like,
like, is management's really, really not supposed to be doing that?
Yeah.
I think it also bears clarifying at this point that Zerick Lee,
Director of Operations and effectively the HR department of Rearley Electrolysis,
has absolutely heard Jackie May express positive union sentiment.
Mm-hmm.
I forgot about that.
This goes back to summer of 2025.
Like there have been multiple instances where people in management have directly heard Jackie May talking about being pro-union.
Granted, Jackie May has always been properly elliptical about it in the presence of management.
God, it's hard.
But the suspicion was clearly established long ago.
That is true.
That is true.
This will be important.
Oh, boy.
Foreshadowing is a literary technique.
speak. So to continue, during these two weeks in between meetings, thereabouts, yes, we did have
Salem, spouse of the director of operations, poking around, asking questions. Oh, boy. Yeah, and I will say
this is also a very common management tactic. Of course. And it's part of why when you're
organizing you need to do the basic power mapping of figuring out who is close to the bosses and who
was close to management and what ties they have because that dramatically affects.
Yeah, you two absolutely both know this, but for the listeners, yeah, it is very important
to figure out who the person who's married to management and will report to them is.
Yes.
So I treated as game theory.
I have treated all of this like it has been a game.
Yeah.
Because that's how I process it.
that's that's that's that's all i needed to say about that go ahead deja yeah so to the credit of every
union member not a single person violated obsec on this nobody confessed to any union organizing
activity yeah that doesn't change that they continued to be suspicious in any case we had our
second meeting on may 14th at that meeting
present were representatives from the IWW, as well as a representative from ILWU Local 5, because at that
point, we had not been formally endorsed by a union, and we wanted to get some perspectives from
whoever was available to speak to us, and those were the two shops that were available to come
talk to us. At that meeting, we again voted unanimously to continue with organizing.
unionizing, we were initially going to do it under the auspices of ILWU Local 5. However,
their onboarding protocols are a little bit more time-consuming and involved than the IWWs.
And the following Monday, which Jackie May will be talking about in just a second,
there were some circumstances that sort of forced us to go with the union who could get us on board
lickety split.
Yeah. So
that Monday, I want to say it was like
midday. I had just finished with like
my, I want to say my first two people
and was, I was
on my way to the break room to grab a drink
and on my way out, I
see my co-worker,
fellow union
member and even my housemate
come out of her
office
flanked by
real you electrolysis,
management and the last time I saw her that day was she had tears streaming down her face and she
just goes, Jackie May, they fired me. And I responded immediately. I got, I want to say five,
four, six of us to gather outside of Director of Operation Zariklis office. And we voiced our
displeasure. We voiced that our coworkers should have their jobs back. We voiced that none of us feel
safe because of the working conditions. None of us feel safe because of the way management goes about
handing out disciplinary actions. The inconsistency with the different things that they will or will not
punish. I just see his eyes peeking up over his monitor and he's like, well, I can't. I can't.
I can't discuss what's in somebody's, you know, personnel file. And also, I can't hire them back. My hands are tied. You don't, you don't know all of the documentation on our side. So I go, okay, who else do we got to talk to? And Zariklii points us to president of real you electrolysis on a landry. And we go down to her office and we say the same things. And she says, I'm not, what is, I'm paraphrasing. I cannot. I cannot.
make unilateral decisions.
Yes. And I asked
who else we would have to talk to
about this. And she said that would be
co-president
Leah Lafavor and director of
operations, Eric Lee.
I turned around and
right across the hallway from
Anna's office is
Leah in reception.
So we give them the exact same
spiel of we're not
happy with this. This needs
to be corrected. None of us feel safe about this. And this was not simply Jackie May
speaking either. Those of us present, all voiced concerns, myself included,
you know, it was very clearly not the actions of a single individual, but of a concerted group.
Yes. They may trust me to speak for them, but I also know when to be quiet so that they can voice
their opinions. At that point, Deja had finished with all of their appointments and said,
hey, I'm done for the day. I'm going home. This isn't me giving you an official resignation.
I need to go home and consider my options. And I followed suit with, I'm not giving you a
resignation. You have essentially created a family emergency for me. Yeah. And now I have to go
see to that family emergency.
That is important.
We will come back to that interaction.
Oh, boy.
Later.
Yes.
I will say, being one of the two presidents of the company and someone goes,
don't fire our coworkers and you go, sorry, that's not, like, I can't make unilateral
decisions, is the most absolutely chicken shit response I've ever seen in my entire life.
Like, it's like, it's like, fucking, it's fucking like verdure on bra and.
like when the rockets go up, who cares where they come down?
That's not my department.
It's like, you're the president of the company.
Like, what are we doing here?
Like, why do you?
I can't make unilateral decisions.
Like, you are the president.
Like, there's like, three people in management.
What are we doing here?
I mean, the thing you're doing here is everyone in succession is trying to be like,
I actually can't do anything.
it's like, yes, you can. You do run the business, but.
I would also like to note that this conversation held between the group of us with
Annalantry and Leah Lafavor very early on in that conversation.
Annalantry said this conversation is over and walked away. However, Leah did continue to
have a conversation with us and was the person that we informed that we are not
designing.
Yeah.
Anybody who leaves today is doing so because their schedule is clear or they are having a family
emergency.
Both of these things are acceptable reasons for leaving your shift.
And that has been established through ample precedent.
Yeah.
So that was Monday.
That was Monday, May 18th.
Jesus Christ.
That's not even all of Monday.
Right.
I want to point out or include that straight from.
the job site, I went home, I grabbed my other roommate who is, at the time, wasn't a part of
the union because wasn't an employee of real you electrolysis, but is on the real you electrolysis hiring
list.
Oh, so it's like a contractor situation?
Not quiet.
They will work with us in the future.
Oh.
It just like hasn't been fully hired.
Yeah, that's kind of the way they do things.
like they hire people well in advance of having them actually start work.
Like most of us were hired like months and months and months before we started actually taking shifts.
So Monday, I go home. I pick up my housemate who is incredible and has a special interest in documentation and bureaucracy.
she and
Dacia are my two
documentcers and
shout out
to Vey
because we wouldn't have been able to get here
without you.
And we went to the IWW
over in Portland
and we had a meeting with them
and we just walked in there
with the intention of asking
for help from like their solidarity network
of like, hey, we have just
been put into like
a hardship status at this point because of what has happened.
Can you help us with rent?
And I want to say that meeting was like two or three hours long.
We talked about a lot of plans moving forward.
And instead of just having support with rent,
we came away with a plan of what we would be doing next.
And Tuesday came.
we had all 11 people of this union meet in the parking lot
and sign our petition together.
We got it photocopied.
We made digital copies.
We made sure it was all safe.
Our person got that stuff filed away for us,
got us some very nice red folders
to be able to keep all of these documentation in.
And we were given,
I was given a red folder labeled,
management, and we planned to deliver this on Wednesday.
Tuesday was quiet.
Tuesday was like quiet before the storm, quiet.
Yeah.
We were all braced that I was going to be fired.
Yeah.
Because while I wasn't swearing or rude to management,
I wasn't as even-toned or level-headed as I am right now.
I was also bracing to be fired because I did also do a lot of that speaking, and I was extremely emotional at the time as well.
Yeah. Absolutely.
Oh, I do think there is one little tidbit that is important to mention about the employee who was fired on Mondays.
Not only was this person a union member and one of the organizers, this person also had a fully like workplace sanctioned and indoors romantic relationship with the first person who was fired.
So, like, again, this is not like they were illicitly dating.
It's like management had a protocol, had forms and all that for when co-workers are dating.
It's in the employee handbook that they're okay with that.
Yes.
And so it looks.
So they're like moving through the.
Yeah.
That's, that's interesting.
That's, oh boy.
I, oh, yes.
There's a thing this, an FAA guy said about.
there's a story of that guy
who was like flying around in a lawn chair
with like balloons attached to it
Oh my God, I know that story
Yeah, and the thing about the
The news calls the FAA guy
And the FAA guy goes
We don't know what section
Of the federal aviation code is violated
But when we figure it out
We're prosecuted with it
And like, that has to be
Some kind of violation of like
Specifically targeting people
In a relationship
Like there's got to be something there
but I don't know
and
I mean admittedly American workplace law
is a complete nightmare
but that is
extremely sketchy and shitty
and yes
we're going to get it sorted out
yeah
oh yes
yeah I says
oh boy
Jesus Christ
that that feels not good
and good Lord
okay so Jackie May
please continue
I slept real good
Tuesday night into Wednesday morning.
Let me just say that. I slept real good.
Wednesday morning, we coordinated and we went a little early, admittedly.
I got a little, there was a little bit of adrenaline, and I kind of jumped the gun.
Just a hair.
We were supposed to wait until 1155 to deliver our signed petition.
It's okay.
Yeah.
We all had noon appointments, and we are all so committed to our,
patients that none of this process
interrupted patients in treatment.
All of this had been coordinated around our schedules
so that people got to continue getting treatment.
That is correct. There's never been a point where a patient's treatment
session has been interrupted or a patient has been abandoned.
I'm saying this because there are some accusations from management to that effect
and I would like it on public record
that that is absolutely false
and that we can all attest to this.
Foreshadowing.
Yeah.
More foreshadowing.
Yes. Sorry.
Oh, boy.
So Wednesday morning,
I have the privilege,
I have the backing of the crew to go
serve this paperwork.
We had somebody from the union
kind of send out,
send out a feeler text
to find out when
the president and co-proprope.
president would be in the building. It wouldn't be until after 1230. We serve that paperwork to
director of operations, Eric Lee. He took that at 1148. He doesn't really give us a response.
Besides, there's a lot here. I'm going to have to read it all thoroughly and get back to you.
But we go about our days. I have to leave site after two of my appointments because I
left my phone at a gas station,
so I had to leave and come back.
It's okay, we got it, it's all good.
Yay.
251, I'm back on site.
I am in my own office.
I have co-president,
Leila favor,
and one other member of management
present, and they are firing me.
They are handing me three write-ups.
Jesus Christ.
Now, the earliest of those write-ups,
or I should say, I guess, the oldest of those write-ups
are from May 4th, 2026.
And it essentially is a write-up that says,
Jackie, you were rude to management.
Now, let's talk about why.
Let's talk about why that write-up happened.
You see, by that point in time,
we were on the third pay period
where we were all being given paper checks
After years, yeah, years of direct deposit, like long history of direct deposit only.
Switch to paper checks.
We were given paper checks.
Those checks had been bouncing.
The paychecks are bouncing?
Yes.
Yeah.
Yes.
Yeah.
Not just Jackie Mays either.
Yeah.
Jesus Christ.
That is true.
What I will say is on average.
per pay period, like a handful of us had their checks bounce.
That will come into play later.
That's foreshadowing.
Oh, boy.
Yeah, so my check bounced once.
My bank account went, okay, that's kind of suss.
My check bounced a second time.
I currently don't have access to a bank account
because my bank has labeled what has happened fraudulent activity,
and my bank is investigating not me,
because they've now figured out that it's not me that's doing,
it, I can prove the checks are bouncing.
Jesus Christ!
But yeah, but they still locked your bank account?
Yes.
Because the other people's checks bounce.
Jesus Christ.
Yeah.
So we should note here that we all were aware that Jackie May was locked out of fair
bank account and experiencing financial hardship to the point where we actually did have
some of our union members, like don't.
donating food to Jackie May.
Solidarity Network came through for me because that kept us fed.
That kept us like we were able to have gas for that,
for the next, like, to get us to the next payday.
Essentially this whole thing would set me back like a full pay period.
Like I wouldn't get the last check cashed until we got to the next pay period on Friday
because we get paid every two weeks.
Yeah, and this is something we've talked about on this show a lot is that, like, you know,
and I mean, I think most people listening to this show understand this on an intuitive level,
but it's like, if your paycheck fucking bounces, that's really fucking bad.
Like, holy shit.
And it's like, yeah, like, obviously that's going to cause, like, unbelievable, like,
financial distress, and it fucking sucks.
And I'm really sorry you've been having a deal with that.
on top of fucking everything else because that's just, yeah, that that's something that can just like completely fuck your entire life.
That's through no fault of your own.
Yeah.
It's literally your boss is fucking up.
Mm-hmm.
Yep.
God.
I want to note that still to this day, I do not have access to my bank account as far as I know.
Jesus Christ.
The last week has been really crazy and like I haven't been able to get out to like a credit sheet or anything to get something new set up.
So that's just in the background, like you're not even getting paid because the checks are bound.
Yes, and Jackie May was understandably distressed over this and expressed that frustration.
And that was the cause of a write-up that was used to justify termination.
Right?
Is that, do I have that right, Jackie May?
That is correct.
That is the first.
Jesus Christ!
That write-up is from May 4th.
That write-up is from May 4th.
I have heard of a lot of bullshit write-ups in my time doing this job.
Write-up for being rude to management because you were talking to them about the fact that your paycheck bounced.
That is the worst write-up I have ever heard.
That is like, like, even including ones where like, because obviously, like, people, they'll just like make up shit to do a write-up for.
But like, that's like a special level of like, oh, no, this did kind of happen.
But it's because they fucked up and bounced your paycheck.
Jesus Christ
So Jackie me
I believe you were recounting the write-ups
that Leah Lafavor presented to you
About that I'm just losing my mind
That's so awful
So the second one is because
They did a room inspection
It's really weird
They like doing room inspections
When they want to remove somebody
Yeah
So there was a room inspection
And they were like
Your room's not clean enough
Okay
that's your statement.
The third write-up,
do you remember when I had a family emergency
that they caused
and I left sight
because they caused a family emergency?
Yeah.
Uh-huh.
My third and final write-up
was because I left early
and they tried to say,
well, Jackie, you didn't ask for our permission,
excuse me, Jackie May,
you didn't ask for our permission
to leave for the day.
You just told me it was happening.
And that was my full write-up.
I would like to add to this
that I myself
have multiple documented
instances of having to leave work
because of a health or mental
health emergent situation
and there has never been a situation
where I said,
may I leave? It has always
been, I need to leave.
And I have no
noted and observed this with other employees as well.
None of these incidences ever culminated any write-up or any sort of disciplinary action.
So this is clearly inconsistent with ample precedent for the application of disciplinary standards.
Yeah, they're just trying to find reasons to get free write-ups, which is also like, just a sign of how well y'all are, like, doing your jobs that, like, because, like, normally employees.
have like random code infractions that are always just sort of laying around that they can pick up and be like, hey, but it's like they couldn't even like find anything. They had to just like basically fabricate complete, just like absolute nonsense. Yes. Jesus Christ. Am I recalling correctly, Jackie May, that these are the first instances of any documented disciplinary action against you in your tenure.
at real electrolysis?
Yeah, I'm a good girl.
I follow the rules.
And I do so very, very well.
So.
And then suddenly it's like, oh, here's, here's three write-ups.
Like, again, like, the post facto write-up for the high, I am upset that my paycheck bounced.
Jesus.
Yeah.
And so I will note that even that very first.
write-up did take place after we were engaged in organizing activity after management had
demonstrated suspicion. Yeah. And all of these write-ups were delivered within a few hours of
the delivery of our petition for voluntary recognition. Uh-huh. Which I will say looks not even just
suspiciously. Like, it looks like they have just like a giant polar bear sitting there and the polar bear is
union retaliation and they've like painted a little clown face on it and gone this is a clown
not retaliation from forming a union. It's like no that that is a polar bit. Like what are we doing here?
Oh god. So what happened next, Jackie May? Oh gosh. What happened next? Well, you know, I had to
clean out my office so I grabbed the stuff that was important to me. I took my time. I wasn't angry.
I didn't
I really didn't speak
throughout much of it
because at that point
the best thing I could do
is just take my recording
not say anything
and as soon as I was out
of the office
I sent a message
to the union members
that said hey
I was just fired
they walked me out of the building
if we're going to do something about this
we need to do something about this now
and that was at
251
by 401
p.m.
Wednesday afternoon
we had the rest
of the union
organize a
organize and stage
a walkout
in solidarity.
That's really quick.
I'm going to let
Deja take over
because I was outside.
Yeah.
Yeah.
So at the point
that we found out
Jackie May had been
terminated,
we called an
emergency vote in our secure messaging platform that we use to coordinate things, and we voted
in favor of doing a walkout once we had each finished with our obligations to patients.
In fact, I actually had an appointment scheduled from 315 to 345 that at that point, I elected
to continue that appointment, and I did so. I provided treatment as usual, cleanup as usual,
chart noting as usual.
Not a single person who engaged in this walkout
did so without completing their scheduled treatment
in that time slot.
Once that appointment was finished
and everything was in compliance within my room
and the rooms of those who were not stuck in appointments
because we did have a couple of union members
who were in longer appointments
who were not able to join the walkout immediately.
Those of us who were free,
did walk out.
And when we did this,
we spoke directly to Leah Lafavor,
who was sitting at the reception desk,
and said that we are staging a formal walkout
in protest of the wrongful termination
of Jackie May.
Yeah.
And this is not a resignation.
This is a legally protected action
under the National Labor Relations Act.
Leah then said that anyone
who walked out that door must immediately
surrender their keys and was no longer,
longer welcome on the premises.
Jesus Christ.
Sorry.
In terms of like open retaliation for union activity.
Like, oh boy.
Yeah.
We were.
Honestly, Mia, we were so gobsmacked at the just absurdity that she would take such a
blatant action of retaliation.
Our response was, are you sure you want to do that?
and the answer was yes.
So initially we did not return our keys because we wanted to confer with somebody from the IWW.
So we spoke with an IWW representative who advised us that their demand for the return of the keys was a lawful demand for the return of company property and that we should comply with that.
So we did.
We gathered up our keys.
We sent a representative back in to return them.
And at that point, we were officially on strike.
We reunited with Jackie May in the parking lot.
We started strategizing about how we were going to do this.
IWW sent some folks our way to provide support.
I took off to pick up some art supplies so that we could make signs
and just general things like water and snacks.
Our other union members who were currently inside treating patients
finished their appointments as scheduled.
and emerged when they were no longer responsible for any patient care,
also turned in their keys.
At that point, we did have an IWW representative on scene
who accompanied those employees back inside to return the keys
and to confirm to Leila Favor directly that this is not a resignation,
it cannot be construed as a resignation, that this is a protected organizing action,
and that all we were doing was complying with a lot of,
awful demand for the return of company property. We have plenty of witnesses to this,
regardless of any statement that they may choose to make to the contrary.
Which, also, I just want to know, this is the first time I've ever gotten timestamps.
I'm like a walkout. This is the best documented one of these I've ever seen.
Like, y'all are very organized. Oh, yeah. Oh, my God.
No, no, we're not playing around.
Yeah.
So, at that point, Jackie May, I think you can take it from here.
Yeah, so real quick, I gotta go back.
I forgot a very important detail about Monday after my co-worker union member and housemate was fired.
In talking to Zerick Lee, I looked him in the eyes and I told him, don't do this.
I said, please don't do this.
Please don't call my bluff on this.
Please don't make me do this.
And we're here now.
I jumping back to Wednesday, I had to go off site.
I was meeting with some IWW members who were,
we were mainly discussing what we were going to do next in or what options we had in response to a mass firing.
Yeah.
We spent a couple hours at that.
I came away understanding a whole bunch more as to what we're doing.
I return to the shop
and I think I don't remember it
very well
because I was all emotion
and adrenaline at that point in time
what I will say
is that when
Anna Landry and Leila Favor
were getting in their cars to leave sight
I made sure that they heard me
that the block heard me
that a good chunk of downtown
Washington could hear, could hear my anger and my passion. I don't know if you can tell in my
voice right now, but I kind of went a little too hard on it, and it's why I sound like I do now.
A little bit scratchy. It happens. I'm honestly surprised I can speak as well, because there's
been lots of chanting and singing and yelling and...
Yeah, because we have been on the picket line pretty much since then, every single day that the
business is open. That is correct. Yeah, which I want to roll back for a second and just point out that
like going from, yeah, we all signed our union petitions and then we delivered it the next day
and then that same day everyone is on strike is astonishing. The pace of it is absolutely incredible.
And then also just it says a lot about the solidarity that you all have and all of your, like,
y'all's character that a yeah there's just everyone doesn't walk out goes on strike and then
b also i think it speaks to like who you're fighting for here both each other and also the fact that
like all of you were so careful to make sure that your patients got their care is yeah it's something
that i think speaks it's it says a lot about the kind of people all of you are and it says a lot about the
kind of people that management is that this is what they're doing to people who who both fight
for each other and also care deeply about the patients and the people that they're taking care of.
Yeah. Yeah, I really do. I know Jackie May and I are the ones who are kind of operating as the
mouthpiece, but I absolutely need to express the deepest, most of the most of the way.
sincere appreciation for all of the other union members because, you know, not everybody involved
in this has been as just like gung-ho, angry, like, screw it, let's do this. Like, this has been
really difficult and nerve-wracking for a lot of them. But you know what? They have followed through
and persevered. And not a single person who started this with us has switched sides or dropped
out. Everybody has been so brave and so committed and showing up so fiercely. And yeah, we are also,
like, our patients are still the most important thing. Like, yes, we've been picketing,
but we have not been turning anybody away from crossing the picket line. We, every patient that
shows up to be treated by one of the very few people who is still on-site providing care
at real euluctralysis crosses the line with our complete blessing.
and we are absolutely vocal and unequivocal about that,
that we are not trying to deny anybody care.
And in fact, like, we are reaching out to other electrology providers out there
to, you know, try to offer some options to our patients who have chosen to forego their care out of solidarity.
You know, we really, we want to get back to work and go back to giving care to our people.
but management has made that impossible.
Yeah, I think one of the things that comes through really clearly here is like, yeah,
how willing management is to just hurt people and how dedicated all of you are to making sure
that people you're caring for get their care.
And also the just astonishing amount of bravery that it takes to not only go on strike
and continue to be on strike.
But also to do that in a situation where getting fired potentially means that you have to fight off
paying the company that was employing you that you're striking against $21,000.
That is some of the worst conditions imaginable.
And all of you did it anyways.
And it's one of the most incredible things I've ever seen.
Thank you.
Yeah.
It's almost pride.
It's 2026.
We're making history here.
This union is for trans people,
buy trans people,
to provide care,
to buy in large other trans and queer people.
And weirdly,
I have to say thank you to our two bosses
because if they hadn't have made the decisions
that they made,
things could have been so different.
It didn't have to be this way,
is what I have to say.
It didn't have to be this way,
but they chose this.
They chose this, and we have chosen at every time, every opportunity to choose each other and to choose our community and go, no, you're not going to bully one of us.
We're not allowing this anymore.
We are sticking together.
Yeah, and it's been really incredible seeing the way that all of you have taken this opportunity and taken all of these risks to fight for each other.
There's a quote that I heard about you from management about why they hired a bunch of trans people.
that. I was wondering if you could tell the audience what that quote is because Jesus Christ.
It's a super majority of trans people. Yeah, which is super rare for, like almost, almost the entire workforce.
Yeah. Yes. So this quote comes from President Anna Lantry from the 4th of July company barbecue held at their house in 2025.
Oh, no.
With this shit-eaten grin, she says, yeah, if you pay a trans woman $30 an hour and you give her health insurance and a little bit of respect, she will march through a brick wall for you.
Jesus Christ.
Like, there's two immediate obvious angles.
One, it's like, oh, so you like knew what you, like, you knew what you were doing here, right?
you were deliberately hiring, you were deliberately hiring trans people because you thought,
because you thought they were, they would be easier to exploit.
And that's hideous.
Those are your words.
Yeah.
I, that's, yeah, this is my, this is my analysis of this is like, that's Jesus Christ.
And then B, also, this is, this is really some, like, your chickens are coming home to roost.
Like, you, you, you have sown the wind and you are now reaping the whirlwind, because it is true.
that trans people get treated like absolute shit,
and it's very nice to get a job where you're not being treated like shit.
But it's also true that if you decide to fuck over a bunch of trans women,
like,
we will fight for each other.
Like trans people and people will fight for each other.
And I think that's one of the sort of beautiful things about,
you know,
as much as all of this absolutely fucking sucks,
but like the fact that you were able to pull this many people off the line immediately
and get a strike going,
you know,
that has like almost all of the clinicians are on strike.
It's this real refutation of what management believed about trans people.
Which is like, no, actually, you can't just fucking sit there and exploit us because we will organize and fight.
Yeah.
We'll fight for each other.
We will.
And I do want to stress too, like the diversity of our workforce.
Like we are not all trans women.
Yeah.
We come like a variety of backgrounds, a variety of ages.
you know, like I don't know how old the oldest among us is, but I know I'm 43 and we have somebody
as young as 18 on the workforce. And they're all on the picket line together. It's beautiful.
It's incredible. What is the state of things sort of right now and what are you fighting for in
the strike? And I guess how can people help? Big questions. Well, we are officially endorsed by the
IWW, we are now IWW Industrial Union 610. The picket is ongoing. Our fellow union members are on the
picket line right now as we are recording this. At this point, management has elected not to
bargain with us. They have sent a copy and paste letter to all of us who were present for the
walkout on May 20th. Basically requesting a response and making some demonstrable.
materially false allegations about the nature of the walkout and the conversations that were had with
management. So we have a letter from the union that we are going to send from the union email address
and will be endorsed by all the individual members. But other than that, that's the only contact we've
had with management. So they do not seem interested in bargaining or in resolving the strike. They have
not asked for demands.
Our demands are fairly simple.
Having management go no contact
to strike is not normal.
Like completely literally no contacts
after one email.
That's like weird by management
through the strike standards.
Like usually they're at least communicating.
Like sometimes they do this,
but like that's fucked by management standards.
So I can explain why that is.
Yeah.
Do you remember earlier when Deja said
that on a Landry,
had declared that this conversation was over.
It's still over.
It's still over.
Oh my God.
This conversation is still over.
Because that's what she tells herself when she needs to feel in control.
So we would assume.
So I would assume.
That is true.
I've been treating lists like game theory and that opinion is purely speculative.
What's not speculative is our demand.
Man's. Reinstatement of employment of all union members, including those terminated prior to May 20th,
2026. The expungement of all disciplinary records for all reinstated employees. Back pay for all
reinstated employees. The immediate cessation to any and all collections activities related to the
outstanding debts owed to real you electrolysis by any and all union members.
voluntary recognition of real U electrolysis Workers United
IWW IU 610
and the immediate commencement of bargaining for a new labor contract
wherein our right to strike shall not be curtailed.
This is like one of the things that I think about a lot
in terms of just how unbelievably unreasonable unreasonable management is being,
which is that those are such unbelievably reasonable and moderate demand.
man's like, I don't know.
Like, when you reach the point where like paychecks are bouncing because your bosses are
fucking you, like, just the amount of reasonableness and maturity that all of you are showing
and the just mix of staggering incompetence and evil that management is showing is, it's, it's,
it's really staggering.
And yeah, and I guess that leads me to the other part of that, which is, yeah, how can people
support y'all. Yeah, that's sort of like an ongoing thing we're working on putting together. We don't
really have like a web presence at the time of this recording. We do have an email address for
the union that we've been directing people towards and that is all lowercase, all one word,
real union electrolysis at gmail.com. And that's, electrolysis is E-L-E-C-T-R-O-L-Y-S-I-I-S-I-S-E.
Yeah, we will put the email in the description.
Fantastic.
When media stuff and social media stuff gets online, we'll put that in the description too.
Yeah, right now that is the best way to reach us.
I believe you could also reach out to the IWW in Portland since that's who we're working with.
They do coordinate things like strike funds and financial assistance and all that.
And so we do have their resources available to us.
And that might be the most expedient way.
But, yeah, we are working as fast as we can to get other things going, like, on internet presence.
This has all happened so quickly.
Yeah.
It's astonishing.
Also, do you want people to show up to your pickets?
And if so, where is that?
Oh, please.
We would love that.
The address for that is 907 Harney Street in Vancouver, Washington, downtown Vancouver, Washington.
I'll say that again, it's 907 Harney Street.
Awesome.
Come out.
Show your support.
Thank you.
Yeah.
And the picket does take place, like, at the mouth of the parking lot.
I know there has been some confusion from some folks who wanted to come out as to where they meet us.
You know, it's on, on Harney Street.
Like, just listen for the music and the cheers, and you'll find us.
Yeah.
And I've been out to visit the picket line.
And it's a really sweet time.
Everyone there is great.
And as always, are bringing picket lines, like, just being.
Just being on a picket line just in support is like an incredible experience.
And also like you if you can like bring food and water and stuff, it's always something that helps a lot.
Oh yes.
Yeah.
Thank you, by the way.
Yes.
I would like to also add as far as support is it's not just us who needs support.
It's also our patients.
Yeah.
So anybody who is practicing electrolysis in the greater Portland, Vancouver area,
who is willing to provide care to our displaced patients,
please reach out to that email address as well so that we can direct them to you.
Awesome.
Well, Deja and Jackie May, thank you so much for coming on the show.
And, yeah, I hope we can talk to you fairly soon after you win.
Thank you.
Thank you.
having us. Thank you for letting us tell our story. Yeah, of course.
It's incredible. This is such a big help and you also are such an inspiration and such a treasure
to this community. Like, I've been doing so good at not fan-girling over being on your show,
but like, I have a long-time listener. And so this is just like, oh, my God, oh, my God. I'm talking
to me a while right now. Well, I think, you know, A, I want to say, I think what you're doing is
significantly more inspiring than me going on and doing a podcast.
Like the fact that you're running this strike is just fucking incredible.
And the fact that you're fighting for your people and fighting for your patience is a just
unbelievable credit to all of you as people and to, you know, like just like two, two, two, two trans people in general.
You were a credit to us all.
Thank you.
Also, I want to say, this is, you know, more evident.
is something I've been saying on this show for a long time, but like the people who form
unions, it's not some kind of just like special class of people. It's, it's just literally,
it's ordinary everyday people like you, the listener, who are the people who join these
things and build these movements and fight for them. And, you know, like, you too can be the person
who builds, builds a union in your workplace and fights for it and wins.
preach.
And when we work together, when we organize together, when we fight, we can fucking win.
You can.
Yeah.
If we're done, I need to get out to the front line so I can get back to hollering at these people.
Because they need hollered up.
Yeah.
I'm all fired up now, so.
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Hi, and welcome to Outlaw, a podcast about how the law is used to crush dissent in the
I'm your host, Olive.
On the previous episode of Outlaw on It Could Happen here, we zoomed in on legal repression
of rapid responders in ICE-occupied Minneapolis.
On this episode, I'm joined by Bina, Joey, and Moe, movement attorneys based in New York,
Illinois, and California.
In this conversation, we zoom out to talk about the larger trend and repression of resistance
to ice activity across the country and how to prepare for the long,
road ahead.
From the north, from the south, from everywhere.
Welcome to Outlaw to start.
Could you all introduce yourselves the work you do and how it connects to the repression of
anti-ice protest activity?
Okay, I guess we're going to start with the oldest here.
My name's Joey Mogul.
I am based in Chicago.
I am the director of movement partnerships at Movement Law Lab, which is a national
organization that is very much in the anti-authoritarian fight in the nation. Prior to joining
movement law lab, I was at the people's law office for over 26 years, where I did mostly
civil rights litigation against law enforcement officials and criminal defense of police violence
survivors, as well as protesters and organizers. And at different points have been proud
to represent several organizers and many movements.
seeking justice and liberation.
I'm also part of Chicago Torture Justice Memorials
and a board member of the Chicago Torture Justice Center
and very much involved in the movement for justice, redress,
and particularly reparations for Chicago police torture survivors.
During the surge here in Chicago,
I was proud to work with a group known as the Black Community Care Collective,
serving as a coordinator of their legal committee,
and that was a group that was very much involved in the resistance and care work that was happening
during Operation Midway Blitz.
Joey, I don't know if you're the oldest person here, but I was referred to today as a Gen X loser,
if that makes you feel any better.
My name is Maura Milzer Cohen.
Everybody calls me Mo.
I am an attorney in private practice in New York, and I work in person.
particular to defend people against the politically motivated abuse of the legal system. I also teach
federal Indian law, professional responsibility and lawering at CUNY School of Law to the world's
best and most brilliant law students. Hi, everybody. Bina Ahmed, she, her pronouns. I also
have been referred to as an elder, and I don't know when that happened, but here we are. I am currently
an associate at a law firm in L.A. called Hatzel Stormer, Renegund, and Die, where I practiced civil
rights impact litigation, and also where we are external general counsel for several movement groups,
including Muslims for Just Futures and Jewish Voice for Peace. Before going to Hatsl Stormer
and switching to civil rights, I was a state and federal public defender for nearly a decade,
a state defender in New York, and a federal defender here in L.A., prior to that, I practiced
international law and animal rights law. And a lot of my motivation as well has been to support
movements and organizers fighting back against the state repression. But that's been a big part of
my work, giving know-your-rights trainings, advising people and organizers and organizations on their
rights and what they, you know, what the law says you can and can't do from a radical lens.
Well, thank you all for being here. Over the past few years from the movement for Palestinian liberation
to the many ways people are organizing against ICE and authoritarianism today.
I'm curious to start by just hearing a little bit about what broad shifts you're tracking right now
in the state's playbook for crushing dissent.
Well, I mean, I think that we've seen, and you're talking to people who've represented
organizers and activists who have been prosecuted by state actors for decades.
I think that what we're seeing, particularly with this administration, is the
weaponization of federal charges. And we're seeing the weaponization of federal charges on mass.
And I think this is by design. We are seeing that with the National Security Presidential
Memorandum No. 7 issued by President Trump and his administration, where they are wanting to
enlist the use of joint terrorism task force to go after people they deem to be, quote,
domestic terrorists, unquote. And that means they are going after individuals who they claim
have extreme viewpoints on immigration, radical gender ideology, anti-American sentiment.
I don't believe we agree with these determinations, and in fact we absolutely oppose and object
to these determinations, but these are individuals who do not agree with this administration's
views or takes on immigration, on gender, on anti-black violence, and the rest.
And we see, though, that this administration is actually working hand-and-glove with one another.
So after the issuance of the National Security Presidential Memorandum number seven,
we now have Pambiani and the U.S. Attorney's Office issuing this memorandum, December 4th, 25,
where they are basically calling on the Joint Terrorism Task Force.
They're calling on federal agents, and they're calling on the Department of Justice,
to go after organizers and activists throughout the nation.
They list 27 enumerated crimes in those memos, things like rioting, looting, so-called doxing, swatting,
conspiracies to impede or assault law enforcement officers, destruction of property, and the rest,
as well as trying to enlist the use of the IRS and other tax crimes to go after organizers and
organizations in several ways. Essentially, anyone who opposes this administration is somewhat
in the target sites. Can you tell me more about what these federal charges are and what is new
about what we're seeing right now? So now what we've seen since the onset of this administration,
So for over a year now, we have seen the exponential rise and federal charges being lodged against
organizers. I think that is very much a different landscape than we have seen in decades. And I don't
want to say there hasn't been the use by the Department of Justice to bring federal charges in the past,
but not in this massive scale that we are currently seeing it right now. And so what we are seeing is
I would say in particular, we're seeing these like assault, impeding, harassing officer charges,
which is 18 U.S.C. Section 111 being brought in scores across the nation.
That is not something we typically have seen before.
We are also seeing charges of conspiracy to impede officers, 18 U.S.C. Section 241.
Again, that's not something we generally have seen before.
generally, I can say, for example, as someone who was in Chicago, who was part of representing
protesters who were protesting the Democratic National Convention, generally the federal government
and federal agencies don't get involved in protest-related activity, but for arson cases prior
to the Trump administration. That playbook is out, and this new playbook is in. So we are
absolutely seeing the federal government stepping in and engaging in this policing and persecution
of protesters and organizers in a way that we have not seen before.
That said, there's a silver lining here is the federal government is overreaching in so many
of these cases.
And many of these charges are being dismissed.
Many of these charges are being declined by U.S. attorneys.
And there have been several not guilty verdicts in L.A., as well as in Chicago, as well
as Miami.
And further, what I think is striking, and I think that this is really unheard of for
criminal defense attorneys in particular, is we're actually seeing grand juries refusing to indict in
these cases. And given how biased grand jury investigations go, how one-sided they are, to have the grand
juries come back and not return an indictment really is showing that people are resisting and they are not
buying the government's slogan and lines and playbook on this. And they are saying, no, we're not going to put up
with this. So while on the one hand, it's a whole new landscape, we're also seeing the counterpart of people
resisting, and that includes in the federal courts. If the term grand jury is new to you, it's basically a
special jury in federal criminal cases that is appointed to decide if there's enough evidence to bring
the official criminal charge, the indictment, against a defendant. But they're super rigged
against the defendant, basically they always indict. And often, the grand jury process is just an
information gathering tool for the government, especially in movement cases. People get subpoenaed
to testify before grand juries in a way that often seems just like a fishing expedition because
whatever they say can be used against them. And only the prosecution gets to present evidence
to the grand jury. There's a lot more to say there. But check out the show notes. And I'll link some really
important conversations and resources about grand juries. I think that's all exactly right, Joey.
But it isn't 100% new, right? What the Trump administration is doing is that they are able to police
First Amendment protected identities, beliefs, and associations by trying to define those beliefs,
identities, and associations as terrorism. And so there's a whole,
apparatus for fighting terrorism, that they then can pull in, draw upon resources they can use,
and legal authorities that they can exercise as long as the thing that they're policing
is something that can be called terrorism. Well, by defining all of these things as terrorism,
that lets them sort of trigger all of these resources and authorities.
Those resources and authorities were not put in place by this administration.
They were put in place post-9-11.
They were put in place by Barack Obama.
They were put in place by Joe Biden, right?
And so this is not a problem with the Trump administration.
This is a problem with the surveillance.
state. This is a problem with consolidating federal police authority and making it easier and
easier for the federal law enforcement apparatus to assert jurisdiction over what we would
normally understand to be state-level matters, such as garden variety protest. And so the
shift is not one of kind as much as it is a shift in scope, where we're seeing the federal
government treating, as I said, garden variety protest conduct as though it is militant
revolutionary action. No, I totally agree with that. And to underscore your point, not a single
law has needed to be passed. There's been no legislation that's needed to be changed in order to
effectuate these prosecutions whatsoever, let alone this immigration enforcement, this all pre-existed
the Trump administration. His administration hasn't passed a single law. So I absolutely agree with you.
I'm just saying, you're right, the garden variety level of prosecutions we haven't seen, and it's the
scale of this. But again, we absolutely know, for example, the Biden administration pursued the
FACE Act against individuals in Florida regarding, you know, one of these false clinics.
And you know, it's not that these tools weren't used before. I just think the scope and scale is not what we've seen.
Yeah. And I totally agree. And I think it's important to note that the fact that the law hasn't changed is important, not simply because the laws already existed to bring these prosecutions, but because the law actually hasn't changed, which means the First Amendment remains in effect, which means that a lot of these prosecutions.
as you pointed out, Joey, are going nowhere because they actually can't really be sustained
under the current regime. Yeah. The scale and the aggressiveness and the scope, I think, is something
we haven't really dealt with before. You know, in terms of it being not new, I mean, we know
the founding of this country and it's not a just system. And I think if we just also start from that,
that is the system that protects property and white nationalism and violence and power.
capitalism, then I think we can sort of like see where these powers originated from and where
the structure originated from. And we've also seen that used against, you know, radical black
activists against the American Indian movement. You know, so like a lot of these things that we're
seeing now were tested on communities of color, you know, prior to seeing, okay, what works,
what doesn't work, and then bringing this surge, I think, to our communities. You know, I think
in addition to, you know, I think what Joy was saying about the FACE Act, that is something we
haven't really seen prosecutions under the FACE Act before, right? Because the FACE Act is actually
technically to protect access to abortion clinics. And I think that one thing that this
administration is doing is finding creative different ways to manipulate the laws that are already
terrible to go after folks in a way that we haven't seen before. Like Mo was saying, like so much
of the work that we've done defending protesters and movements, a lot of it is state. Of course,
you know, some has always been federal, but a lot is usually state. And so,
then see these federal not only prosecutions for the FACE Act, where I know we'll get into
material support prosecutions, but also like civil litigation, which I think is something we've
never, not never, but really we're not prepared for or dealt with as a movement before,
these massive civil pieces of litigation that while on the one hand are brought mostly by
private actors like Zionist actors, we know that they're really coordinated by and with the administration
because then the administration has mimicked bringing these same lawsuits against these very same
activist for the same causes when we know that they're in coordination. And so I think that's also
really important to know is that the civil component, you know, the movement, of course,
criminals where we've always been the most concerned is someone's liberty is on the line,
someone's life is on the line. But civil is also like this slow death, right, of like time and
money and just draining organizations that I think is something that we've now had to really grasp.
Can I ask you a follow-up question, Bina, can you break down for people who are listening and really
not in the legal world, why a civil case impacts someone's life, why civil cases against activists are
really disruptive to movements? Sure. There are many ways. So when a civil case lands, I mean,
first, you don't have the right to free counsel like you do with a criminal case. It's not, you know,
guaranteed in the Constitution. You're not facing prison time and incarceration. So you're not
guaranteed that. So one, you have to find either free counsel or you can pay for someone to defend you.
And when the lawsuit lands, there's so many things that happen.
There's an affirmative obligation for you as the one who's being sued to preserve any evidence that could be relevant to the case.
That is completely antithetical to what a lot of movements do.
We don't like save documents and then turn them over to the other side.
We're going to, you know, keep our work internal and our organizing and who we work with.
And civil lawsuits really make that really difficult because you have to turn over discovery if it gets that far in the case.
and you can't, you know, delete things and you can't let things get deleted, like on signal.
And if, you know, you can be sanctioned and there's all these things that could happen if they find out that
happened. And then you're subject to, you know, other things like being deposed, being questioned by the
other side about about things you don't want to talk about and that are really antithetical to what we,
what we do. And these cases can go on for years and years. And even if you win, there can be
appeals or can, you know, there's just so much that doesn't feel like it ever ends with civil litigation.
And so much where people, you know, even just have moved on in their lives, like I've moved to a different city, you have a different job now, but you're still always tied back to this civil case. And there's no sort of like right to a speedy trial in a civil case, right? That's for a criminal case. So all of this stuff, and I'm sure there's many other things I'm not mentioning that you have to go through or that impact your life once you're being civilly sued. But a lot of that, you know, it's not, again, like things that we have really dealt with as a movement before. And, you know, really importantly, people don't have the money.
to pay for lawyers for years and years and years. And it's really expensive to do civil litigation and civil
defense. It goes on forever. You have to do so many different pieces of discovery and, you know,
motions and like all of that is so much more involved. And it really, I think, part of the tactic is to
bankrupt organizations. That's a big part of why these actors are bringing these civil suits.
I just want to intervene strategically at this moment to say that everything
that Joey and Bina are talking about is true and critical and important. And we need to be so
alert to the way that these federal apparatuses are being deployed against our communities. But I also
want to say that one of the things we have seen over the last couple of years that I think is
so important and we have to hang on to for dear life is that when we fight,
we win. And so what we're starting to see now, you know, we just saw some of my impressive and
beloved colleagues at CUNY School of Law are litigating a case right now in the federal courts
about Columbia University's repression of student activists. And what we're seeing is the court
coming back with these rulings that say anti-Zionism is not hate speech.
Columbia University acting at the behest of the executive makes them subject to the constraints of the First
Amendment. It's potentially violative of the First Amendment to discipline students for engaging in
speech, right? We're seeing people fight these federal cases, both criminal and civil and winning,
as Joey mentioned, we're seeing grand juries declining to issue indictments or to authorize
prosecutors to issue indictments. So I do want to say,
you know, we really do see the power of communities taking on that legal battle, fighting with,
you know, our community movement, legal people, and, and meeting that challenge head on.
And I think as devastating and exhausting as it is and as terrible as the consequences and the risks really are,
I do want to say we do see people having a lot of courage, marshalling a lot of resources and energy, and winning reliably.
Thank you. And I know, Joey, you started talking a little bit about what we've been seeing broadly across the country and how the state has been repressing specifically anti-ice activity. I know you've been based in Chicago and particularly tune into what's happening there.
and it's been similar in Minneapolis where it's been a lot of 18 U.S.C. 111 cases, federal charges,
and part of what is coming up is just unpreparedness for movements to meet and defend against these kinds of charges.
And also similar vein to the question I just asked why it matters for people's lives and for movements that it's federal charges coming down instead of state charges.
ena? When I transitioned from state to federal defense, my reaction was like state, it's always horrible,
just being in the criminal system and fighting. It's very like David and Goliath. But I felt like
I had more of a fighting chance in state court. When I got to federal, it was shocking how much
worse it felt for my clients, how restricted you are. In a state, it really feels like when you're
doing a trial, you have the power to kind of run the show, right? Of course, a judge can like
shoot down many motions for experts, for like for, you know, doing certain defenses. But federal
is so much more constrained in my experience where federal judges want to have just so much more power.
And I think I wasn't also just didn't appreciate how much more power federal judges had and how
much more they were willing to wield it. But also I think in terms of the charges are heavier,
plea bargaining and sentencing is so much harder and heavier. You're very restricted.
Even though the sentencing guidelines, for instance, are no longer mandatory. That's what everyone
judges and prosecutors still mostly go by. There's so many more mandatory minimums. It's so easy to
catch a federal charge, too, you know, things like even just gun possession, right? Because a gun might
have been manufactured in Texas and then bought in California, which most people wouldn't think is a
federal offense. But it can be charged federally. Just all of those factors, I think, just I've realized
how much harder it was in federal court for my clients to have a fighting chance. But, you know,
But that being said, I don't mean to make state sound like it's this like sort of gold, like,
oh, great, we're going to do it, whatever we want in state. Not at all. But I felt like I could fight more.
I had more leeway to fight in state. You know, federal, I think, is a whole other animal.
That was a great answer. And if either of you don't have anything more pressing to add,
I would turn us back to just the question of if there's anything else we wanted to talk about
trends in charging across the country of anti-ice protest.
Well, I know I just don't, I think I want to echo something that Mo has talked about,
and I'm not trying to leave it out, but I do think the resistance is so amazing.
And I think that, you know, essentially people are being arrested for First Amendment activity,
whether it's video recording ICE and CBP agents' actions,
whether it's following officers, whether it's announcing their presence with whistles.
we've seen people arrested, we've seen people detain, we've seen people interrogated.
Sometimes they're charged, sometimes they're not.
But I think what's striking is we've seen so many of these cases fall apart.
And to be honest, but for Prairieland, Texas, which is devastating loss, the federal government
has lost in many of these cases.
They've been able to charge or the cases have been dismissed, but even the ones that have
gone to trial, they have lost.
And that is not something.
that I think we're used to seeing in federal criminal cases. Generally, when someone's charged
in federal criminal court as Beena was explaining, you know, so few of the cases go to trial
because so many people need to take a plea bargain. And the idea that you're going to get
to go to trial and win seems very slim. That landscape seems to be changing as well. And so I think
what we are seeing in this moment is the people are resisting. They are continuing to
do this important First Amendment work, and they are not being intimidated. They are not being
deterred. And I think, you know, all of you and your neighbors and your friends and folks in Minnesota
have proven that to us. And so I think we're going to continue to see this type of work go on.
I'm not seeing this level of surges at this point ongoing post-Minnesota. I don't know if we're
going to see a return to this prior to the election. I don't know if we're going to see this if the
Insurrection Act is invoked. But right now, I don't see this ongoing surge activity in terms of
immigration enforcement. It's an interesting point. The thing you hear about federal criminal cases is
like the federal government can be investigating somebody for years. By the time that they bring the
charges, they have such a strong case against them. It makes it impossible to win versus what,
at least we've seen in Minnesota, where it felt like some of these cases were being brought
like pretty quickly and kind of sloppily, which is just a little bit of a different, maybe a
little bit more hopeful for people in movements, even though there still are federal judges and
procedural limitations and that make federal cases scarier and worse to go through oftentimes.
Now for a depressing thing that is happening, let's talk about Prairieland, the recent trial and
guilty verdict that recently came down. I'd love to hear how you all are thinking.
about this case and what it means for movements going forward? I think right now the defense just
filed post-trial briefing. I've looked at some of it, and I think there are a lot of really strong
arguments, you know, for setting aside the verdict. And, you know, whether or not the judge agrees
with me is, of course, not a foregone conclusion. But there are a lot of really strong legal
arguments. And this really isn't over. There's so much post-trial and post-conviction relief,
so many appeals that remain to be done, and so much support that can be offered and so much
solidarity that can be offered. I think that this case was unusual. It was a departure from what
we would typically see in that so many people got pulled into this prosecution.
under sort of a conspiracy theory, right?
A theory that all of the people at what was a really quotidian sort of noise demo
in front of an iced detention facility somehow spontaneously became a conspiracy
to do serious violence.
I think this is a little bit like the federal government trying to take a second
bite at the apple that they took a run at after.
Trump's first inauguration when they tried to prosecute like almost 300 people for conspiracy
on the basis that they were all dressed in Black Block. And in this environment politically and
in that jurisdiction in Texas, it seems like that theory had legs in a way that it didn't
in D.C. So one of the things that happened in the J20 case was that the prosecution
withheld a bunch of exculpatory evidence. And based on some FOIA disclosures that a
journalist obtained, it looks like actually a very similar thing may have happened here with
Prairieland, where the prosecution may have withheld evidence that,
would be favorable to the defense. And that's called Brady material based on a Supreme Court case
about having to turn over information and evidence that would tend to undermine the prosecution
or that would be favorable to someone facing criminal charges. All of that kind of information,
if it's in the custody or control of law enforcement, has to be disclosed to the defendants
and to defense counsel. And it appears that there.
is some material that would fit that bill that was not turned over to the Prairie Land
defendants or their attorneys. And so, you know, that as well as an extremely important
argument against, you know, letting this conviction stand. And the trial itself, there were
just a lot of irregularities. Not only was this an unusual prosecution, but it was characterized
by irregularities. Very early on, the judge declared a mistrial on the basis of a t-shirt that one of the
defense attorneys was wearing, right? There seemed to be a lot of conflict among the jurors.
There were all kinds of inconsistent statements among the witnesses for the prosecution,
right? So there's all kinds of things that happened during this trial that do give me a certain
amount of hope that prairie land is the exception and not the rule. I think the government is
boundary testing, but I'm not convinced that they're going to find that this is an effective
approach to prosecuting protest. Although, of course, I want to be very clear it's been
devastating for this community. I hear that there's some uncertainty about the long
term impacts of this. And with that in mind, is there anything, any of you just want to add what you
think movements should be paying attention to here going forward? Also, its connection to the
expansion of the fundamentally racist war on terror legal regime and its turn towards activist
communities in new ways. I can jump in and start. I'm really glad you brought up the war on terror
as part of the history of this.
I think I mentioned previously
a lot of these tactics that we see
like we've all said are not new,
and much of it has been tested on communities of color,
the way that war weapons are tested
on the battlefield and brought to our domestic
police forces here.
Same thing with tactics, right?
And so the war on terror, like,
primarily against the Muslim community
and the Muslim world,
a lot of non-Arab countries,
like Afghanistan and Pakistan,
you know, of course, is a racist endeavor,
but it does sort of like give
us a picture of the larger sort of like colonial project of what, you know, what we're facing.
But I think there's also just a lot than that we can take from history and take to our movements
and learn from. I think while it's devastating, and I agree with Mo. I think the prairie line conviction,
there's a lot of bases for appeal, including being prohibited from putting on a self-defense argument
or defense of others argument. I think we can learn a lot from the way that our movements were
targeted in this way, right? We're like, you know, a lot of,
lot of it was from text messages and signal. And I think it's just like, it's also a really important
thing to note while Signal is a very important app to communicate. It's not bulletproof, right? And it's
only as secure as you make it. And it is still something that's in writing. And so I think I always
try to remind folks, like, if you can open your phone right now and you can see your signal messages,
someone else can't too. Right. So I think a lot of people are under the impression that is completely
bulletproof. And I think it's also caused the question of like how we, you know, how we organize and also
like, does everything we do need to go on text or writing?
You know, is there more value to, like, actually talking with people?
Because a lot of things that were said casually, I think, in writing,
look much worse and much more serious than if you would just have a conversation talking
ideas through, which, again, as an elder, I did in the 90s when we didn't have cell phones.
I want to kind of piggyback on something you started to say, which is you said these tactics,
these strategies have been tested on communities of color.
And I think the significance of that statement,
like we can't overestimate how important it is to understand that.
And, you know, you can watch it happening in real time.
I mean, obviously, we've seen this kind of state repression, right,
since the days of like abolitionists, right?
But we saw it really coming very salient during the Nixon administration.
and thereafter.
And, you know, the Black Panther Party and Black Liberation Army were subjected to this.
Black communities were then subjected to this.
And Puerto Rican independence communities were subjected to this.
And you can see it all the way through the 80s, even with like the so-called gang legislation, right, targeting of, quote, gang activity.
When you say these communities have been subjected to this, what do you mean?
What's the this?
Sorry, have been subjected to have been subjected to have been.
targeted and surveilled and criminalized by the state for what we would understand to be
First Amendment protected identities, beliefs, associations, and activities.
And so people have been targeted for surveillance and criminalization on the basis of their
political beliefs, on the basis of their association.
and activities in a way that we now see being recuperated against more explicitly political, like,
protest movements. And we saw this during the No Dapel movement at Standing Rock. We saw the revival of a
federal charge called Civil Disorder. I think the last time it had been used had been during
the standoff at Wounded Knee in 1974, right? It was like a,
a federal charge that seems like it was only used against people struggling for indigenous sovereignty.
And then we saw it being used again during the Floyd uprisings in 2020.
And that was the first time we saw it really being used against people who were not explicitly
involved in struggles for indigenous sovereignty.
To give like an example, you know, in terms of like what strategies are tested on the Muslim
community or communities of color, the case that a lot of us within the movement, at least,
are still haunted by is against the Holy Land Foundation and the Holy Land Five, right? And it's shocking
now to realize how many people outside of our circles don't actually really know about that
case or even like what material support is. I think only when it became now much bigger and
being weaponized in more creative ways are people sort of realizing, but, you know, back for
back in the day when the Holy Land Foundation founders were tartary.
targeted and then convicted and their convictions were upheld for just raising money for families in Gaza,
it was so devastating and crushing to communities into organizing. But it really didn't get the,
I think, the broad attention that it should have, right, or this other targeting of, like,
using informants in the Muslim community, just going back through history. And I think we can learn
from them now. But I think, you know, if we had had more attention on those cases and what, you know,
communities of color we're going through. I think there's a lot we can learn from or could have
organized stronger against having now seen, you know, what what is doing to communities of color.
I think if there's a lesson for us to learn from this is that, you know, post-9-11, there was this
massive persecution of Muslim communities. And we really saw this apparatus of the material support
for terrorism being used against individuals. And as you say, being often in isolation without support.
And part of that's because when you get charged with material support of terrorism, you know, not only are you facing massive criminal like sentencing, but, you know, your organization is being taken down. You're getting debanked. You cannot, you know, be able to hold financial funds. And what happens is people don't want to get ensnared in that criminal prosecution that often people don't come out and make those solidarity statements. You become essentially radioactive. And I think,
you know, what I'm hopeful is that we can find new ways to resist this, this material support for
terrorism apparatus, which is being wielded in ways that I think are unjust and unfair and illegal
and wrong. And I hope there's ways that we can think about how we're going to counter that,
whether it's in the Prairland, Texas case or in other cases as well. I think we need to get back
to the roots of that law. And we need to think about really who's it serving, who's it protecting,
and who is it destroying so that we can really rectify the harms that have come from it.
Material support for terrorism charges are not the only uncommon charges for seeing being brought
against anti-ice protesters.
Here in Minneapolis, we've also seen the use of the FACE Act and federal threat and cyber-stalking
charges.
Just to note, the use of the FACE Act is specifically against Black Lives Matter protesters
here who staged a protest in a church, and I don't think expected to have this random act that
nobody knew existed come out, and now they're facing super serious charges. I'd love just for
listeners to understand a little bit what these charges are. If there's other unusual
charges you've seen around the country, what do people actually need to understand about them,
people who are going out to protest, how much is it important to know about these different
things that can pop up? So the FACE Act is a piece of legislation that initially was being pushed for
by reproductive justice groups. And it was supposed to criminalize people interfering with folks
who were attempting to access reproductive health care. Because at the time that it was being
lobbied for, there was a pretty active pro-life, you know, anti-choice movement that was physically
making it difficult for people who are seeking reproductive health care to gain access
to clinics. And at the time, people who work in criminal defense and who work with criminalized
populations were like, hey, this legislation is going to be mobilized against other kinds of protesters
and is probably going to be primarily dangerous to people who are perceived as antagonistic to state
interests. And what do you know? That is what has happened. Because one of the things,
one of the concessions that was made in order to get that piece of legislation passed was that in a
addition to criminalizing obstructing access to reproductive health clinics, it also criminalized
obstructing access to so-called places of worship for specifically people who are attempting
to access those places in order to engage in First Amendment protected religious expression.
So now one of the things we're seeing is people using their churches or their synagogues to do things like have political meetings that are not particularly religious meetings or to do things like sell real estate in Palestine to which they do not have title and cannot lawfully sell.
and then when people show up to protest those activities,
the federal government tries to charge them with violations of the FACE Act.
In like the simplest way, what do people need to know?
Like there's one outcome here that everyone's like, oh my God,
I didn't know that protesting in a church could get me federal charges for like handing out some flyers and using a megaphone.
What else don't I know about other risks and random acts that can come up?
How do you talk to people about that who are thinking about taking action?
Yeah, I think that that's, again, the changing landscape here in seeing the exponential rise of federal
charges. I think that when organizers are thinking about the actions they're pursuing,
I think they need to talk to attorneys and legal workers and others who have both an understanding
of what their local laws and state laws are, but what the federal laws are as well.
And again, I think that's just a different changing of the landscape.
I do want to say, you know, there's a lot of important organizing that has happened in churches and synagogues and temples.
And I don't want to discount that.
But I do also want to say, I think, again, we're seeing a misuse of this law, particularly the FACE Act.
And it's very, very scary.
But, you know, I think that there are some really incredible lawyers and organizers in Minnesota who I think are fierce and who are going to fight this to the end.
and I have hoped that they will come out unscathed.
Yeah.
And I do want to clarify, it isn't just protesting at a church.
They have to be able to allege that people were by force or threat of force or by
physical obstruction, intentionally injuring, intimidating, and are fear with people who
are trying to get health care or people who are trying to worship.
So it isn't simply having a protest at a place of worship.
That remains First Amendment protected behavior.
I think in addition with the FACE Act, it has a civil component.
So again, like material support, it also has a civil component, and many people are getting
civilly sued.
And so a lot of these Zionist groups have also brought suits based on the FACE Act for people
protesting the illegal sale of Palestinian land inside a synagogue.
on. And that's a breach of international law and so many other crimes. And just also to think of,
it's just the disgusting use of this law. And you think of sort of the historical targeting of
black churches. And like still to this day, like it's, it's just such a slap in the face.
But regardless. But I think also, olive to your question about, yeah, like a lot of this can catch
people off card. They're like, I didn't, what? You know, I didn't know. And even, you know,
even if they know they really can't prove that you block, you know, access, they might still try.
I either sue you or prosecute you.
I think that the thing is like, none of us are ever going to know all the laws that are on
the books and the way that they might creatively try to use them.
So, you know, I don't want people to get paralyzed into not doing anything because it's,
it is, you know, scary.
There's just like you don't know, you know, what, what laws are out there that can be
used, you know, in some way now, you know, new way against you.
But I think what Joey and Mo both have said is right about connecting to lawyers and legal
workers, just being tight on our organizing, knowing what our rights are and knowing what to do
when you encounter law enforcement, which is nothing and say nothing, you know, like, all of that,
I think is like, hopefully, like, universally at least, like, minimizes the harm that can happen
to you. It's not bulletproof, right? As we know, it's not meant to be. But I think, like, you know,
I don't want folks to, like, be like, I know, I don't know X. Like, this other random thing,
you know, could be brought against me. And that may happen and continue to happen, but that's what we all do,
right? Like sort of like with this message of hope is that what we do is we fight. And like we have fought
like state repression. Like our answers are thought state repression. We're not going to stop.
They're going to keep adapting and so are we. This resistance is not going to stop, even if we have to
figure out a new way to resist based on what comes next. To ask you all as a final question with your
repression forecasting hats on anything you want to add about how movements can prepare to meet this
repression that is already happening and that which is to come. I can't see the future.
As I tell my clients every day, I can't see the future. I am but a lawyer, not a wizard.
What I can tell you is we know a lot about what the state has done in the past, and we have a lot
of good models to look to. We have a rich ancestry of resistance.
and of movement lawyering and of movement lawyers who know how to work in community with people
who are doing the heavy lifting.
We have made it this far.
As Beena said, we're just going to continue to fight.
And I do hold out a lot of hope.
Not because I have any faith in the law itself or believe that justice is on the table in our
courts, but because we are actually really good at solidarity. And because we have over a century
of evidence that solidarity is not just good for our communities, it's legally effective.
That's it. Don't talk to cops. I might go with the cheesy answer route that I think what
communities and movements can do to prepare is a lot of this, right? Is like coming together and
strategizing, especially amongst the lawyers. So uplifting what Mo said is like showing solidarity with
communities and lawyers showing up. But I think also, and like Joey and Mo really modeled this for me as well
as lawyers showing up with each other and like working together because it is a lonely fight a lot of
times being a lawyer when you're not in a circle of solidarity or folks of radical politics or who like
also believe in including each other in fighting, you know, and doing this work. And that is always going to be a
losing fight, right? If you're doing it by yourself, you're not doing it with each other and with
the communities and with other radical lawyers. That's not what we do, right? That's also,
like, not the point of this work. It's for, like, one sole lawyer to fight it and win. It's about,
like, us doing it collectively. And that's the way that we win. And, you know, just uplifting,
like, you three, like, just even having this conversation and Joey and Mo for all the work that you do
and the work that you do inclusively, you know, that like gives me hope. Because I know I've had,
like many, every day.
You know, like, I just sit and I feel like alone.
I'm like, oh, my God.
Like, I have to first end with the message of hope.
I have to find some way to keep going.
It's really hard.
And sometimes I'm just like, I don't know.
And then we have these conversations.
And like, all right.
Yeah.
Like, we have those moments.
We get, you know, like, we feel defeated.
But like, we have each other, you know?
And like our movements didn't come this far, you know,
our ancestors didn't come this far for us to give up now.
Yeah, I think I would just echo what both Bina and.
Moe have said, I mean, obviously black, indigenous, and other communities of color have faced
fascism and authoritarianism before and have resisted and survived. This is not the first time in
this country. We've seen this, and it's likely not going to be the last. But I think, again,
I, you know, I would say that, you know, as Mariam Kama says, you know, hope is a discipline.
And we have to keep pouring into hope and we have to keep resisting. So I do have a lot of
of hope. And I feel like, again, like, I want to look at what the organizers have done and how far
we've come even in terms of this latest administration. You know, I would say last year after the
onset of this administration, I don't think we were seeing a lot of resistance, not a lot of
public resistance. And instead, we were seeing law firms cave and deciding to create agreements
with the administration. We were seeing educational institutions come, you know, cave. And
come up with a lot of agreements. But what we did see is we saw the people resisting. And that happened
in L.A. And that happened in Chicago. And that certainly happened in Minneapolis and St. Paul and
Minnesota. So I take heart. And I think what we need to continue to think about doing is how people are
going to do the mutual aid work and the care work. I think we need to continue to do the know your rights
and know your risks work. That's essential. I think a big thing we need to continue to think about is the
Insurrection Act and getting information out about the Insurrection Act, which maybe invokes prior to this
election. You know, I think that the ongoing work that people have been doing, again, it's about the
people and the power of the people that have gotten us this far. But even if we look at what happened,
you know, this past week and eight million people coming out to protest and resist, those numbers
didn't exist over a year ago. And so I feel like the resistance is happening. People are
coming together. And despite institutional failures, I think the movement has grown significantly.
And I think we have to even look at the last year and a half to see how far we've come.
And so I've hoped that we'll go even further. And I hope that we're not returning to the status
quo. And in fact, we are actually dreaming the world we want to live in and that we are going to
fight for the world we want to live in. And that this is an opportunity for us to
let things go and for us to create anew. Well, thank you all for those hopeful, hopeful forecasting
advice answers. You don't always get that twist, which is really lovely. And I feel like it's
been something that's on my mind a lot here in Minnesota that's sometimes when things are the
worst and you're of the closest to violence and terror. It's also when you see how powerful people are
and how powerful resistance can be.
I mean, these are long fights and these are long halls.
Yeah.
I think that's kind of the lesson is, you know, not to get all peer K a vote,
but you are not obligated to finish the work,
but neither are you free to abandon it.
Like these are long fights.
Yeah.
They are fights that we don't win alone.
It's not possible or desirable to win these fights alone, right?
they're generational.
I mean, they last multiple generations.
So, you know, this like the ever-receding horizon of real democracy, right?
There's no forecast that could even be adequate because it's going to go on for so long.
But I think the advice is always the same, right?
Just don't talk to cops.
Yeah.
What she said is generational and you're not free to just abandon the work moment.
is like, I would like write that on a wall somewhere because I think things people jump in,
right? It's like, okay, this is hot. Let's do it. But it's like once it's not a hot new thing,
you know, people kind of move on to the next day. It's like, no, no, that's when we need folks
to stick in it and you can't. And I think that's just a really important, like, lesson.
Send me your mailing address. I'm going to send you a, I'm going to send you a poster.
Or can you crochet it. I know you can crochet. You can do it with flowers and everything. Yeah.
Thank you all so much. You guys are awesome. I love you guys.
It's been so great.
I feel like at a therapy session,
like, oh, I feel so much better about, like, what we're doing and, like, where we are.
And, like, I have hope.
I dedicate this one of you, fam.
Thank you for listening to Outlaw on It Could Happen here.
If you like the episode, check out the show Outlaw,
wherever you get your podcasts.
And rate, review, and follow Outlaw pod on Instagram and Blue Sky
for anti-repression, updates, news, and stories that you might want to know.
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You think that Jonas Brothers are satisfied?
Nope, it's podcast time.
We get to ask other people questions because we're sick and tired of being asked questions.
Hey, Jonas is available now, and their first guest is a big one.
Paul Rudd.
You know, Steve Carell is a great singer.
Can you tell you not to audition at the office or something?
I told him.
Whoa.
We were filming Anchorman.
Clearly, I was the idiot.
Thank God he didn't listen to me, right?
Listen to Hey Jonas on the IHeart Radio app, Apple Podcasts, or wherever you get your podcasts.
On Humor Me with Robert Smygo and Friends, we help make you funnier on this episode.
My guest's Bob Odenkirk and Kids in the Halls, Bruce McCullough, try and help the Kazoo Kid and Tayson Day be famous again.
What if there's an alternate universe show where you guys are incredibly popular?
Well, and they could travel up the land doing meet and greets.
They're constantly needed at malls.
Listen to humor me with Robert Smygel and Friends on the IHeart Radio app.
Apple Podcasts or wherever you get your podcasts.
This is It Could Happen Here, Executive Disorder, our weekly newscast covering what's happening in the White House, the crumbling world, and what it means for you.
I'm Garrison Davis.
Today I'm joined by James Stout, Mia Wong, and Robert Evans.
This episode, we're covering the week of May 20th to May 27th.
James, some small, whittle, itty-bitty news items to start?
Yeah.
Let's talk about the little things.
Then we'll talk about some things in more detail.
The Trump administration has lifted a cap on refugee admissions by 10,000.
This sounds like good news until you realize it is to allow more white South Africans to seek refuge in the United States of America.
Great stuff.
Hey, this country.
I found a federal register thing.
It's still the document's still on it up there.
But I will link to the place where the document will probably be.
The Dutch will never be forgiven.
The United States has also continued its campaign of strikes in the Pacific.
The most recent one left two survivors, along with one man who was killed.
So there's Guardian published a piece a while ago about what happened to some survivors
who were taken by a U.S. military boat, the U.S. military boarded their vessel, stole their food and beer,
and then transported them to El Salvador, where they were.
questioned and then released to immigration authorities and eventually sent home, basically.
I guess effectively deported for illegally entering El Salvador.
After they were brought there by the US?
By the United States, yeah, after the US bombed.
Incredible.
Yeah.
So we don't know what happened to these two people.
I guess Coast Guard activated search and rescue after the strike, so hopefully they found them.
It's better than them drowning out there.
Their Department of Homeland Security is auto-extending the temporary protected status for
Lebanon, not because they
affirmatively chose to do so, but because
they failed to renew or terminate it in time,
so it auto-extended.
Mark Wayne Mullen, the
DHS Secretary, has claimed
that the Department of Homeland Security is drawing
up plans to not
process incoming international flights
in sanctuary cities.
What? Yeah.
This is ahead of the World Cup, right?
Yes. So let's play a little
clip. We are
currently, which we're not initiate yet,
but we're currently drawn up plans to say, listen,
and these sanctuary cities where the local radical left Democrats aren't allowing us to do our job
and enforce federal laws,
then we shouldn't be processing international flights into their cities either,
because they don't want us to enforce immigration,
but they want us to process immigration at their facilities.
Nothing about that makes sense to me.
The line he's drawing, I guess, what I want to guess at is that he's claiming
that in places where police won't support ice by removing protesters from the streets outside
ice facilities, the United States is not going to allow international travelers to enter
at airports in those cities. There's a lot to break down there. I'm not really going to
because suffice it to say that this would cause absolute chaos. That's not going to happen because
that's going to heavily disrupt capital.
That's just, that's just, that's just, that's just, that's just not happening.
Yeah, it's not, it's not really possible for this to work.
Like, it's not that they can divert to non-woke airports, right?
Like, that's not how, how air travel works.
Is this silly?
But it's interesting, like, like, Mullen has been a bit less kind of crazy in his, like,
posting as policy.
Yes.
But maybe he was just getting warmed up.
I mean, he's, yeah, he obviously does not understand who is true masters.
if he actually thinks this is something that can happen.
Yeah, I don't know.
He does.
He was just talking to Fox News and said what he thought Fox News wanted to hear.
Mullen was talking about this in response to a large and growing protest at Delaney Hall,
which is a private detention facility in Newark, New Jersey,
where 300 detainees have been on hunger strikes since last Friday.
Mullen has verily claimed that they chose to do this on Memorial Day,
Friday, of course, not Memorial Day,
and that they want their ethnic food.
People in detention are entitled to religiously appropriate food,
but that's not what's happening here, right?
People are on Hunglestrake because of the conditions and the facility.
New Jersey Senator Andy Kim, who's been there for a while with protesters,
he got pepperballed and tear gassed.
He entered the facility to inspect it,
and he made a thread on X.com,
the everything website where he detailed horrible abuses inside,
including a woman who had been denied OBGYNC care
and a pregnant woman who had miscarried inside the facility.
DHS has claimed in response that, quote,
in fact, ICE has higher detention standards
than most US prisons that hold actual US citizens.
That's an incredible thing to say.
When someone has just detailed the fact
that people are having unaccompanied miscarriages in your facility
and being like, well, we do worth things to Americans here,
Jesus.
There are really a lot of layers there.
On Monday, one of the,
The leaders of the hunger strike was transferred out of the facility in Newark to another facility, right?
It's not uncommon for people to be moved around in immigration detention for various reasons, right, to include, in this case, they're organizing.
Finally, the OPCW has published documents detailing a large hall of undeclared chemical weapons that it found in Syria.
What is the OCPW for those who may not?
acronym aware?
It's the organization for the prohibition of chemical weapons.
Why this is interesting, firstly, there has been open source reporting, detailing the use
by Assad of chemical weapons against his own population for years, and this confirms that.
Secondly, there is a particularly disgusting faction of the left in the United States and elsewhere,
which has spent years denying that this is the case.
spent years effectively running cover for Assad murdering little children with chemical weapons.
We had very good evidence of this was happening before.
We now have incontrovertible proof that Assad had the ability to do this and did do this.
We already know that he did it.
But it should really make you question the legitimacy of any media source that continues or ever has denied that Assad used chemical weapons
or indeed any politician or political actor.
There's no instance in which it's okay to use.
use chemical weapons against civilians, period.
And anyone apologizing for that, in my opinion, is pretty despicable.
In other news, about two weeks ago, ABC News, nuked the 538 archive, scrubbing all the
articles with links now redirecting to the ABC Politics homepage.
As annoying as some of the 538 type people can be, this is a bad removal of documented
information's going all the way back to 2008. It is unfortunate that ABC has done this. There still
is third-party archives of these articles that you can find, but it will make actually referencing
information held or previously held on 538 much more difficult going forward. Yeah, and I also just want
to say this is a continuous problem with storing information on the internet, which is that,
yeah, information on the internet is incredibly ephemeral. It is very easy for entire people's
lives work to simply be deleted because the parent company decided to make a move.
And yeah, there's a bunch of people who do good work on digital preservation, but all of the
work that we produce online is significantly more ephemeral than we tend to think about.
Yeah. Yeah, as Jamie Loftus said in her last regular podcast that she did for us, this is a future
piece of lost media, right? Which is true of almost everything anyone puts up on the internet.
Yeah. Yeah. There are groups of people who have worked over the years to try and
mitigate that, including the internet archive and the way back machine. And they are currently under attack, as is from within the Wikipedia Foundation, as we'll talk about later. But, like, yeah, it's, it's the only, the only way to make this stuff not be ephemeral and to actually, like, keep a permanent archive of culture is to support the people doing that. And the people doing that are never going to be entirely cool with, for example, the people who make movies.
are the people who put out newspapers.
And there's an extent to which they just need the backing of us and of our government to say,
you can't stop them from doing that because it's in the best needs of the human race.
And that's not going to happen right now.
Anyway.
Last weekend, Fox News reported that socialist live streamer Hassan Piker and the leader of the activist
organization Code Pink had been subpoenaed by the federal government as a part of an
investigation into a humanitarian aid trip to Cuba with a bunch of left-wing activists and influencers
last March. Fox claimed this investigation as part of a, quote, broader dragnet involving as many
as 40 American citizens who joined the Marxist convoy to Havana, unquote. After returning from Cuba
two months ago, 20 U.S. citizens were briefly detained and interrogated at the border, and 18 of them
had their phones and other devices seized by CBP agents. At they, they had their phones. And they,
Miami International Airport.
Yep.
Fox reported that these new subpoenas
show that Piker
is now caught in a, quote,
federal inquiry into whether activists
who travel to Cuba in March
violated U.S. sanctions laws
through financing, coordination,
or delivery of goods to Cuba,
including potential contacts
with Cuban government personnel
or entities on the island, on quote.
Also claiming that this investigation
is part of a, quote,
broader effort by officials at Treasury, State, and Justice Departments to curb malign foreign
influence operations inside the United States, unquote.
Now, Hassan Piker has said that he learned about the subpoena through Fox's media reporting,
and he has not yet been contacted by the government.
Fox referred to these subpoenas as, quote-unquote, administrative subpoenas.
And it turns out, neither Hassan Piker know.
or Code Pink have actually been subpoenaed by the government.
They've not actually been served by the federal government.
Oh, boy.
Great.
On Tuesday, the leader of Code Pink told Ryan Grimm that she received an email from the
Treasury Department's Office of Foreign Assets Control, requesting information about the trip
to Cuba, suggesting that there is some probe here, but it's not technically a subpoena.
and there's still no indication yet
if Hassan Piker
has received a similar request for information.
And like this is bad.
It's not unusual
if you go to a place like Cuba
than American citizens.
They're certainly not supposed
to have transit to directly
to be stopped in question
on the way into the country
and it's now not unusual
for devices to be taken.
None of this is good.
Like the fact that they could just take your shit
at the border remains bad.
But yeah,
as Garrison,
has said right now, this is not what a lot of initial reporting made it look like quite.
Yeah.
No, if anything, it seems Fox is trying to encourage this broader Dragnet and manufacture consent
for there being subpoenas for people on this humanitarian age and influencer trip.
Yeah.
James, speaking of Cuba.
Yeah, so let's talk a little bit about people seeking to become permanent.
residents of the United States.
We'll get to the Cuba tie in a minute here.
So a USCIS policy memorandum has advised USCIF's officers
that most non-U.S. citizen is seeking to adjust their status
will now have to leave the USA to do so.
What is adjusting?
Adjusting is generally when somebody who is here on a non-immigrant visa
or here on another immigration status adjusts to become a permanent resident, right?
and previously they could do that inside the United States, or they could go to a consulate
and they could apply for a green card of a consulate outside the United States.
Now they're saying that aside from cases of what they are calling extraordinary discretion,
they're going to make people leave and apply from outside the United States.
That is bad.
What is worse is the way that this overlaps with their existing.
policies, right? People already applying, are facing huge delays. I've reported on that before.
And now new applicants and possibly people who are halfway through their process will have to
leave. That will often mean spouses leaving their spouse and their citizen children if they have
them for an unknown amount of time, right? This could take years. It's very realistic to expect
this to take years. This dovetails with existing visa bans on 75 countries.
What that means is that people from many of these countries cannot obtain any immigrant visas.
There are some very small exceptions to these visa bans.
In the case of the 20 countries which are on a complete ban, there are exceptions for athletes attending the World Cup or the Olympics, for example.
So like Iran is one of those countries.
The Iranian team can attend the World Cup.
They're actually staying in Tijuana, but crossing the border to come and do their matches.
For everyone else, though, if you leave and then you have to come back to collect a green card,
you re-enter on an immigrant visa, then you get your green card, right?
If you are prohibited from having an immigrant visa because you are a citizen of these countries,
then you cannot re-enter, and thus you cannot get your green card,
and thus this is a de facto bar to people from those travel-bound countries
getting a green card in the United States now.
which is very bad.
I also noticed that there is not an exemption that I can see for the Cuban Adjustment Act here.
The Cuban Adjustment Act is a special expedited pathway for Cubans that allows them to adjust
to legal permanent resident status.
It used to be two years now.
It's a year.
This is particularly interesting, given the USA is talking so much about how terrible things are
in Cuba, but also saying if you've made it here and you're safe and you feel safer and
you want to stay, you can't.
You have to go back to Cuba and apply.
I guess to adjust.
It seems very hypocritical,
but that's nothing new.
Yeah.
So I spoke to a couple of folks
who would have expertise in this,
and I don't have their permission
to cite their name,
so I won't.
There isn't a consular option
for Cuban seeking to adjust.
They can't do it outside of the country
and that the Cuban adjustment out.
They have to do it inside the country,
so they think that this would entirely
not include them.
But like everything else,
it's a little bit unclear
and we will find out, I guess.
Last month, USCIS also removed categorical deferred action for SIGS individuals.
SIGAS is special immigrant juvenile status.
It's granted to people in the US who are inside the United States without status
who have been subject to abuse, abandonment or neglect as found by a court.
The Trump administration has already deported many of these young people.
But this policy memo formally removed.
categorical deferred enforcement, which the Biden admin began doing in 2022. Essentially, some people
will be told on receiving S.I.JS that they would be safe from deportation and they could receive a
work permit. Deferred enforcement is the same thing that people under DACA have, right,
commonly referred to as dreamers. That has now been removed. The people with S.OJS can adjust
to being, the SOJS offers a pathway to permanent residency, but now these people will evidently have
to live in fear right up until they are able to become citizens if they're able to become citizens.
Jesus.
Yeah, like these are some of the most unfortunate people on the planet.
Like, like people who get SIJS, like use of it has increased for like unaccompanied minors, right?
But, or children, I should say, people who have come across in the last, maybe since 2018-ish,
but still, it's people who have often gone through really terrible things.
The justification cited, and I'm quoting,
from the memo here is that, quote,
the criminality, gangs, and program integrity concerns
in special immigrant juvenile petitions report
reviewed over 300,000 aliens, S.J petitions
filed from the beginning of fiscal year 2013 through February 2025.
Key findings included 853 known or suspected gang members
who filed SIGA petitions with most receiving approval.
Over 600 MS-13 gang members filed SIGA petitions
and more than 500 were approved.
Among them at least 70 had been charged with gang-related federal racketeering conspiracy
offenses and many others charged with violent crimes in the United States,
including murder or sex offenses.
Additional S.I.J petition approvals included more than 100 known or suspected members
of the 18th gang, at least three Tren de Aragua gang members,
and dozens of Sroenios and Nortenos gang members.
If you go back and look at those numbers,
300,000 petitions,
I see 70 charges.
Yeah, that's absurd.
That is a fraction of a single percent.
Yeah.
If they reviewed 300,000,
even if this like 850 number is correct.
It's completely correct.
Which is not.
That's like less than one third of a percent.
Yeah, exactly.
It is a minuscule fraction if every single person who they suspect,
and given what we've seen about suspicion,
that could be as much as having a tattoo, right?
Yeah.
Yeah.
It's ludicrous to join one up with the other and say,
therefore all of these young people, many of whom have gone through horrific things,
now will have to live in fear again.
That policy memo came on April.
I found it when I was looking through the policy memos on the USCIS website.
I haven't seen any other reporting on it.
Maybe I've just missed it, but it certainly is something people should be aware of.
I want to do a scripted series on SIJS people for understandable reasons.
Not all of them want to get up in the media right now.
Yeah.
In terms of all the, like, immigration changes that have happened, this collection of stuff is, like, some of the worst that I've heard you talk about.
Yeah, it's really bad.
Like, they started deporting S-IJS people, and even immigration lawyers who have been like the fifth second Trump administration is going to be really bad.
The second Trump administration is really bad.
People did not expect them to begin going after these people.
And they did when they were detaining.
Another thing they've claimed is that, like, some of them are over 21, over 18, because they can still apply up to 21.
one in certain jurisdictions, right?
Again, that doesn't mean that they haven't been through terrible things.
Many, many 21-year-olds in America rely on their parents for things.
These people often don't have their parents or have in some cases been abused by or abandoned
by their parents.
And then sending them back to a place where they may be in danger, where they may not be safe,
right?
There is no moral, ethical justification for this, really.
It's really bad.
It's really horrible.
Yeah.
It's pure undeluted violence.
Yeah.
And likewise, we can very clearly see if we look at the list of travel bar countries
is going to be a bar and people from a large number of countries
where the majority of the population is not white getting citizenship
and legal permanent resident status in the United States, right?
Something that has very clearly been a motivating factor of policy for a long time.
So, yeah, more shit news from me about immigration.
Talking of shit news, we have to,
pivot to
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We.
And we're back.
Oh, boy.
Well, that's all been
very depressing.
You know what's not depressing?
Catholicism.
Oh, and that.
That too.
Two great tastes.
It tastes great together.
Two things that make us all happy.
Oh, man.
This week, the same work that we're recording this,
Pope Leo the 14th, issued an encyclical
Magnifica,
that warned against equating machine intelligence with human intelligence, he declared,
we must avoid the misconception of equating this type of intelligence with that of human beings.
These systems merely imitate certain functions of human intelligence.
This has been seen, I think, by most critics of artificial intelligence as a pretty good
encyclical.
It is very long.
It's well over 100 pages.
So this is not like a quick read.
You should think about this.
It's like going in and reading.
a book. It's a really interesting document, among other things, the Pope quotes J.R.
or Tolkien at one point, which is a nice little bit. He also makes a lot of references to mathematics
and specifically like kind of comparing the way Catholicism thinks about divinity and the Holy
Spirit and all that to certain kind of like geometric shakes, because apparently he was a math
major. I did not know this, but it comes through in the writing of this. I would say my overall
impression is like, oh, the Pope has a lot more understanding of, like, technical stuff that I thought he was going to have.
This isn't, this is not like a bad thing from a, like, a basic understanding of how the technology works standpoint.
Obviously, a lot of this is based around the Pope's beliefs about the, like, what humanity is and the divinity within humanity, which is not something that everybody believes.
but I also have found an awful lot of atheists and just kind of like non-religious people who have been sharing this because while they don't agree that like, you know, human beings are sacred because of the sacrifice of Jesus Christ necessarily or whatever or that we were made by God, they agree with the fact that there's something special about humanity that is not being recreated by these LLLLNs.
And so I've seen a lot of like praise as a result of that.
However, I've also seen what I thought were pretty salient critiques.
And the number one critique here is that this encyclical was released at an event that was kind of co-launched with people from Anthropic.
And the Vatican worked with Anthropic for this release and are in general kind of partnering maybe the wrong term, but working alongside them to try and have a dialogue about the future of AI and what it shouldn't, shouldn't do.
And specifically, one thing that Pope Leo talked a lot about was the need to demilitarize or disarm artificial intelligence.
as in remove it from use in, like, defense industries and certainly make sure that it's not
making the call to actually kill people.
And that's something that Anthropic has also took us stand on in so much as that now the U.S.
government is trying to remove any partnership it has with Anthropic.
Yes, yes.
They at least were openly against that.
Now, that doesn't mean Anthropics a company I like or a company that everybody should like.
They still plagiarized, huge millions of people.
basically anyone who's ever written a book.
There's a lot of illegal things, objectively illegal things.
Anthropic did, and that's why there are numerous lawsuits against them now.
And I think it is, in fact, a problem that one of Anthropics co-founders, Chris Ola, was invited to speak at this event in the Vatican.
Because one of the first things he did after, you know, thanking the Vatican and the Catholic Church and the Pope for having him there is kind of disagree with what the Pope had said that these systems merely imitate certain functions of human intelligence.
Yeah.
Because Ola said that these systems,
I'm going to quote from an article in the registry here by Thomas Claiborne, quote,
AI systems, he said, are not the cold calculating robots we were promised.
They are made from us from our words.
And as the Holy Father observes,
they remain in important ways mysterious to those of us who train them.
This is what I have an issue with.
No, they're not.
They're mysteriously in the same sense that, like,
if you make a car that had always just been a simple ice engine,
if you make that a hybrid and you throw like a computer screen
and a bunch of shit in it,
You're going to have a bunch of problems with your car as like a manufacturer that you didn't expect to have because you added complexity.
We can't predict every single outcome of machine learning, right?
Yeah.
But the way that but the way this Anthropa guy is using, you know, basic facts about like machine learning and neural networks, but framing them in a way to.
These are mysterious.
Like the human brain is mysterious.
Yes.
And no.
Yes.
Yeah.
But it's also like, of course you can't predict what the output is your entire process.
is you're just multiplying matrices
against each other over and over again
and then checking to see if the output
of the random matrixe multiplication
you've done is what you want.
Like, yeah, no shit.
A good dumb person comparison might be.
If I were to buy an empty house
and I were to fill that house
with random shit for 30 years
for so long that I've forgotten
what I've put in the house
and then I sent you into the house
to grab something at random from it,
I might be totally surprised
by what you bring out.
That doesn't mean anything
mysterious or sacred has occurred.
It just means.
I'd forgotten all the shit I put in that house, you know?
Yeah.
Yeah.
Or it's like, if you make a machine that just like spits out a random output, yes, you don't know what it's going to be.
Like, this is what you have done.
Exactly.
It's a random output when it was been trained on the corpus of like human knowledge, right?
Yeah.
And one of the things that I find very frustrating is that Ola made the statement that AI systems are made from us and from our words, right?
And he says that in a way as to like, and that's good.
It means that like we all are a part of this and it's a part of us.
And so there's humanity at it.
No, no, no.
AI isn't like made from our words.
They stole our words that are consent in order to monetize them for themselves.
That's different.
That's real different.
Yeah.
In the same way that back in the day when I began teaching, people would plagiarize by copying and pasting things from books.
Those are also made by people's words.
It doesn't make them sacred.
Yeah.
Makes them stolen.
Now, Ola lists in here three questions for discernment.
And he phrases this, like, and I hope the Catholic Church can, like, help us figure out how we should move forward with these things.
These are the big questions behind AI.
I want to quote again from that piece in the register because the author of that, Clappert, has a funny bit here.
Ola, how can we ensure the gains of AI are shared globally?
We do not have a mechanism for this.
We have many.
What is called taxes?
I know there is litigation already ongoing.
We also have the French Revolution and the Russian Revolution, among others, as wealth-sharing models.
when nothing else works.
It's a good piece.
I recommend reading it.
That's good.
That's what I've got to say on this.
Obviously,
the Synthrapa guy is going to frame certain things
as marketing for the company, right?
That's going to determine the way that he uses certain words
and the way that he discusses machine learning and neural networks, right?
When he's saying that this is like based on the human brain roughly,
it's because,
yeah, it's because it's a machine learning neural network.
So that's going to frame the way that he's doing it.
I think it makes sense.
for the Catholic Church to try to enter into dialogue
with a company like Anthropic.
Especially if they can, you know, unite against
Teal's efforts and even maybe some of
some of the efforts of Open AI.
But obviously, Anthropic has their own motivations
for doing this, which is to enrich themselves.
Yes, yes.
But I don't think it's surprising
that the Catholic Church will also try to
enter into dialogue to influence the outcome
of these things. I think in general
the Pope's statement is fine.
I think the Pope's statement is fine.
I do think this might be a data
point in terms of in the future, church may need to recognize that you can't actually work with
these guys. Perhaps that will be the outcome. We'll see. Well, but I mean, I think, I think that's
part of what's happening here, though, right? Is it, like, the reason the church is taking anti-AI
positions while working with them is that they're, like, they're trying to have it both ways
in terms of co-opting both, like, the anti-AI movement and also work, like, work with these
companies to sort of build, like, build their influence base. I, I don't see it fully that. I, I think,
for the popes, because he's been very consistent about being horrified by the growth of the arms
industry and the idea of AI weapons and war, I kind of suspect from the Vatican standpoint when
that all erupted with Anthropic pulling out and saying they weren't willing to work with
the Department of Defense on the things the DoD wanted them to do, that that's probably when
the Vatican made the call, but I don't actually know. I'm not going to, I'm not going to say
that the more sinister outcome is definitely not what's occurring, but I think there's a number
of ways to kind of look at what the decision that was made and why it was made.
I mean, the Catholic Church is one of the most globally influential bodies on the planet.
They do have, like, their theological reasons for opposing AI, as well as sort of ethical
reasons that it's illuminated by the Pope in terms of, like, worker protections, in terms of
the anti-war stuff.
And I do believe he has, like, actual, you know, legitimate spiritual beliefs about, like, what
humanity is.
And it was something I appreciate is that he doesn't just take this.
like AI skeptic point of view and just to deny that like AI will you know significantly
transform our world right because I think AI is is transforming production and uh in some pretty
significant ways the Pope's not just hoping that AI will go away he's affirming that we actually
need to do something about this to protect our own humanity and even though AI is not human it
humans do determine how it will be developed and therefore we should act and I think that
makes sense for his position.
Yeah, I don't, I'm not surprised as to the fact that he's doing it.
I guess my long-term doubt is I don't think any of these companies have the ability on
their own to make responsible choices.
No, certainly not.
The future of these.
And I don't think they have the ability to contribute to responsible decisions.
Sure.
I think they need to be manhandled.
Yeah, totally.
By armed agents of.
the state otherwise armed us are going to have to do it, you know?
That's the reality.
No, 100%.
And that's the reality not just with AI.
That's the reality with every mega corporation, right?
If the government does not stop them from destroying life for large numbers of people,
then large numbers of people are going to do crazy things to them, you know?
And if you want crazy things to stop happening to, for example, the CEO of OpenAI,
maybe he should stop saying his technology might kill everyone.
Yeah.
On a related note, Wired has recently obtained thousands of documents from the DHS, FBI, and state-level info-sharing anti-terrorism.
They're called fusion centers where information is shared between the feds, the state and local law enforcement.
Yeah.
And a report from the New York Intelligence and Counterterrorism Bureau has warned of widespread upheaval in response to the adoption of AI.
and has coined a new term, quote, anti-tech violent extremism, unquote.
This is a quote from this report, quote,
the chaotic atmosphere that may result from emergent AI technology in the next five years
may fuel large-scale protests that devolve into civil unrest and anti-tech violent extremist
activity, especially in large urban areas such as New York City, unquote.
This is interesting.
Also, according to Wired, the Intelligence Bureau report referenced the Zizians and warned that, quote, paranoid views regarding AI may proliferate in the aftermath of the Zizians trial, thanks to their, quote, attempt to reason the belief that a godlike incarnation of AI is imminent and belief that humans must best use their time in the present to devote themselves to ensuring its compliance with human morality or,
face existential consequences for failing to do so, unquote.
This is really interesting.
This stuff that Robert's been talking about for quite a while.
Yeah.
And like, I think this report was actually written before the Sam Altman Maltov cocktail attack,
or at least was written around the same time.
But I think probably a little bit before.
But considering the Molotov cocktail attack on Sam Altman's property and the gunshots
fired into the home of a pro-Data Center city council person.
Like, it makes sense that law enforcement is considering anti-AI violence as an emerging
threat vector.
But it also makes sense to be concerned that non-violent opposition may get caught in a federal
or state-level dragnet.
Yeah.
And that's what Fusion Centers do, right?
They think Dragnet a whole bunch of shit.
And that's exactly what Fusion Centers do.
And most of this Wired report is talking about documents from Fusion Centers.
And, like, as we have already seen, law enforcement's surveillance capacity and scope has been empowered and extended by the National Security Presidential Memorandum number seven.
And public organizers and protesters are much easier to target than the small minority of people that actually end up committing violent crimes.
Wired reported that federal, state, and local agencies are gathering and circulating intelligence about alleged threats to data centers.
The intelligence documents that Wired quotes from outlined.
a variety of threat actors and models, not simply data center protests.
Quote, adversarial actors, including state-sponsored entities, criminal groups, and extremists,
such as homegrown violent extremists or environmental extremists, may target U.S. data centers.
These actors could also exploit the strategic importance of data centers to the U.S. economy,
using them for activities like cryptocurrency mining, or leveraging third-party entities such as front
companies to gain access to U.S. data and infrastructure, unquote. So that outlines not just like
environmental or like the general anti-data center beliefs held by the American public. Like this
this shows like actual, you know, like threats to national security by hostile state actors or
criminal groups as well as people with their own environmental or ethical reasons for opposing
AI domestically. Though Wired also reported that a fusion center in northern Virginia created
a report on Tesla takedown protests, and in-person assemblies like demonstrations at an Arlington
County Budget Meeting and a Fairfax County School Board meeting where people voiced opposition
to AI.
Yeah, and this is again also like historically what these fusion centers have been used for,
as James was talking about, I mean, like, all the way back to like, God, I mean, like,
I probably should have worked out in what order I wanted to talk about these, but like,
yeah, fusion centers have been used to target everything from like anti-arrock war protests,
stuff in the mid-2000s through, like, yeah, like, fusion centers were, like, one of the big
coordinating agents for, like, all of the repression in 2020. They've been used in, like, anti-Palestine
protests, like, 24 during the campus occupations. So, like, yeah, like, these sort of, like,
intelligence reports are talking about, like, different threat factors, but going after
protesters is, like, what these fusion centers, in a lot of cases, are designed to do. So, yeah,
yeah, it's definitely a thing to be concerned about, given what these things are and what they do.
Yeah. Speaking of cryptocurrency mining.
Oh, boy. So, yeah, yeah, speaking of using large entities for crypto bullshit.
So last week we talked a bit about Kevin Warsh, the new Federal Reserve Board Chairman's, like, ties to the tech right, right?
Ties to Thiel, ties to Andresen, ties to this whole sort of world of, like, tech venture capital money.
And today I want to talk about, as an executive order from May 19th,
from the Trump administration, that orders the Federal Reserve to consider allowing
crypto companies and other non-FDIC insured entities to use FedWire.
Okay, so what is FedWire?
On a macro level, FedWire is the reason the entire American economy functions.
It is the payment service that banks in the U.S. used to both send money to each other and to the Fed.
if you wanted to do an analogy, right?
You could say that Fedwire is PayPal for banks,
but like the reality is not that.
Like PayPal is like Fedwire for people, right?
Fedwire is maybe the single most important infrastructure piece
of the entire American economy.
I was going to talk about this a bit later,
but the surface on an average,
the Fed estimates that it moves $1.1 quadrillion dollars per year.
Whoa.
Where does a quadrillion fit?
in the number bigness scale.
That's a million million dollars.
A lot.
Per year.
Right.
Like, the entire American financial system moves, moves through this service.
And you can also, like, move money to the government through this.
So you can do exchanges with the Federal Reserve itself or the different Federal Reserve
banks.
Now, in order to get access to FedWire, you have to be an actual bank, right?
You have to be, like, an FDIC insured bank.
And crypto has not had access to.
this system. Like, crypto, I, I, I really don't want to call them crypto banks because they're not
banks. And that's why they have net access to the system, because they're not banks.
Crypto is not money. And it's not, none of this stuff is subject, I mean, it's subject, I guess,
to a little bit of, like, securities regulation, but it's not subject to actual, like,
FDIC regulation, or importantly, deposit insurance, because, again, these are not banks.
Now, crypto has been trying to get access to the Fed Wire system for years, because
in order for
crypto companies to sort of like interface
with the rest of the banking system, they have to like basically
get a bank to act as a partner for them
instead of being able to like directly move the stuff
around because they can't access the system.
And so Trump has
at least given an executive order
for the Fed to consider doing this.
Now, Trump cannot
actually force directly.
Like you can't just sign an executive order that says
you have to let crypto do this because of Fed
independence. But the Fed had already sort of
of like opened a period of public comment on this. And this is something that I think Warsh is,
this is, this is the way, it's why it's important that this is happening after like the appointment
of like Kevin Warsh or like after he'd been, technically speaking before he'd been confirmed,
but like after, or like, before he'd been sworn in, but after like, they knew he was going to,
he's going to get through because he is extremely friendly to these groups. This is also a thing
that's sort of important for the crypto industry because one of the issues that crypto has is
that actually trying to, like, move cryptocurrency around is just a nightmare.
This is, like, one of the reasons why no one actually, like, uses it to purchase things,
because it's such a disaster.
And getting access to the Fed's payment system suddenly kind of, it gives you a sort of, like,
you can use the Fed's payment platform, which actually works unlike theirs, which do not.
Now, the other reason I'm bringing this up, so it's worth mentioning that even if the Fed were to allow
them to create accounts with the Federal Reserve, they wouldn't for now have access to a lot of
the services that the Federal Reserve provides. Like, they wouldn't be able to do, like, they could take
advantage of, like, repo injections and, like, stuff like that. Like, a lot of, a lot of the stuff that
the Fed uses to stabilize the economy through, like, injecting money into the banking system and
injecting bonds and stuff like that into the system, they wouldn't have access to. But it's pretty
clear that these crypto groups want that eventually, because that gives them access to
like the actual sort of banking capacity of the federal government,
which allows them access to things like very low interest,
short-term loans and liquidity,
et cetera,
et cetera. And what I want to close on is that this is what Warsh's thing is,
right? He wants there to be more integration between
this sort of like, I call like FinTech, right,
like the financial tech things, but you know,
between these very fascist right-wing tech companies,
they want them to be more and more directly integrated into the payment services
and into the banking capacity of the U.S. government.
I mentioned earlier that Fedwire moves, again, $1.1 quadrillion a year.
Now, this is also what's very dangerous about Trump's people being in control of the Federal Reserve,
because there is so much infrastructure inside of the Federal Reserve that if it breaks even a little bit,
things that we don't think of at all, like no one, like literally no one thinks about,
like even if you do banking stuff, you tend not to think about FedWire because it just works.
And this is less of a risk now that like Doge,
Papers aren't running around, but one of the dangers of Trump attempting to pay control
the Federal Reserve is that his people will break something like this while doing something
like attempting to integrate crypto companies into it. And so that's just going to be a
continuing risk that we all sort of have to deal with because tech companies and the Trump
administration and now the President of the Federal Reserve want to fuck with these systems
on which everything in all of our lives depends on in ways that we never see.
Cool.
All right.
Speaking of the things that all of our lives depend on,
here are the products and services that support this podcast.
Products and services, that's right.
Leslie.
Yeah.
All right, and we're back.
So I have to unfortunately talk about Wikipedia,
or at least the Wikimedia Foundation.
Obviously, I think everyone here is pretty big fans of Wikipedia,
which is, at this point, has gone from the thing my teachers used to tell me
I couldn't use in projects to, like, by any objective,
measure, one of the most significant projects in the history of human knowledge and, like,
storage of things that human beings know and have learned. It's one of the last, like, gasps
of the promise of the old internet. And it's also the thing that underpins all of the AI chatbots
alongside Reddit in one way or another. And the answers that they give people, like Wikipedia's
incredibly important for AI, which is why, like, the Wikimedia Foundation has made deals, like,
with the AI industry in order to get money for letting them scrape like Wikipedia,
which is kind of part of why the Wikimedia Foundation is currently doing really fucking well
monetarily.
They've got a little under $300 million in reserves, which is about a year and a half worth
of money for them.
So first off, wait, so you're saying those little banners that fill half of the screen
every time I use Wikipedia are lying?
I don't want to actually right now I do want to discourage people from donating to Wikipedia.
Historically, I have not.
Yes, you should first off know if you've been feeling bad about not donating.
They don't currently need it.
They're okay right now.
And they shouldn't get more of your money until they stop doing the shit than I'm about to tell you about.
Because over the course of 10 days in May, the Wikimedia Foundation has engaged in what you could call major union busting, firing employees who are trying to organize their fellows and trying to like represent those values within the Wikimedia Foundation.
And my main source for this is a pretty good article that Jake Orlowitz put out on Medium
recently, Big Tech's anti-labor playbook has come for Wikipedia.
And it starts with the firing in mid-May of Brooke Vibber.
She was the very first full-time employee of the Wikimedia Foundation and its first
CTO, the chief technical officer.
And for more than 20 years, she's like one of the main engineers that has made Wikipedia
work, right?
And she's also a union organizer.
So she's a very important person.
She's the lead developer for MediaWiki, which is the platform that runs Wikipedia,
and it's had been since 2003.
And it's just a very big person, both in terms of how Wikipedia works and in terms
of like the way in which like their unionizing efforts have gone.
She was laid off without any like real cost given.
And then a week later on May 21st, the foundation disbanded the community tech team,
which consisted of five engineers and a manager.
The community tech team had the job of listening.
to Wikipedia editors, which are number one, the reason Wikipedia has content, and number two, volunteers, right? So these are regular employees whose job has been to hear what Wikipedia editors want and then help make sure that the salary employees on the team fulfill those desires in as much as that as possible, right? And so when you fire these people, you are saying, we don't really give a shit about the volunteer community. And it's also noted in this in Jake's article that most of those engineers were union organizers.
Now, there is currently a solidarity petition for Wikipedia editor.
So if you are an editor of Wikipedia, I think it would be great if you signed that
solidarity petition.
This is the first time that editors have had to do an organized solidarity action with
paid foundation staff.
And yeah, it's a whole thing.
The salaried staff there are not on one side about this.
This is extremely controversial.
It has a lot to do with the fact that a number of the old guard, including, you know,
the folks who are, like, a number of like some of the oldest people at Wikipedia have a kind
of libertarian bit to them, you might say. And in January 20th of 2026, Bernadette Bion was recruited
as CEO of the foundation. And her prior career included work at J.P. Morgan and Lehman Brothers,
as well as a spokesperson role for the NSC, the National Security Council. She was on the Obama Foundation.
She was the U.S. Ambassador in Chile. Oh, great. So this is someone who,
comes from a background in which
fucking with union attempts are
very like normal and accepted.
The union's demands are not
extreme. They would not have any
meaningful impact whatsoever on the pile
of cash that Wikipedia has. There's no
excuse for the Wikimedia Foundation doing this.
You should be pissed at them and not give them more money
until they make things right. Anyway,
that's my opinion. I'm done. Nice.
All right. So we need to
update once again the
situation with the United States
war in Iran.
The USA this week again bombed Iran in violation of ceasefire, calling it a self-defense strike.
I mean, it's still a violation of ceasefire.
The negotiations are ongoing.
Both sides remain a long way apart.
There have been various, like, leaks and reports of where negotiations were at.
One suggested that Iran would exchange freeing up its assets,
and other sanctions relief for removing highly enriched uranium.
if we're in the United States TV, leaked details of a supposed memorandum of understanding,
which would be like the memorandum that they would sign in order to say, like,
hey, let's get back at the table until then these are our rules, kind of.
This is the rules we're operating under while we negotiate.
The MOU said the blockade would end and the straight would be reopened,
but the USA has denied that MOU.
I don't want to go into the blow by the blow of like leaked and denied things,
because it's just a waste of time.
None of that's real.
It's all stock market manipulation.
Like, it's all just trying.
Yeah, sorry.
That's literally my next sentence.
Yeah.
Yeah.
It doesn't stop people killing.
It doesn't stop people dying.
It does change the oil price and it does change the stock market.
And I think if we report on this too credibly, we miss the fact that that, like, that is the real impact.
That is how we should frame this in our reporting, not do the baracrophy thing of rushing up eight bullet points of something that someone told you and never consider why.
Well, James, you will never have a career to Axios with that attitude.
Yes.
I think that that bridge has been burned, Garrison,
but my path in life has been lit by the bridge you side burns.
One thing I do want to note is that Trump has attempted to,
he appears to want to tie a peace deal to having other countries in the region
signed the Abraham Accords.
Abraham Accords, you're not familiar, 2020 agreement
in which the UAE, Bahrain, later Sudan and Morocco normalized relations with Israel.
Interesting.
That is unlikely to happen.
You killed the Ayatollah, now you think they're going to sign the Abraham record?
Like, what are we doing here?
Yeah, I mean, it's just going through a wish list of shit, I guess, that he or people close to him won.
Yeah.
Meanwhile, Iran is continuing to attack southern Kurdistan, right?
I think this offers a very clear vision of what Kurdish groups could expect if they decide to ally with the U.S. and Serb as a ground force.
And, of course, there are very many reasonable reasons that they would want to do that, right?
to include liberating themselves from an oppressive regime.
But the United States, as it has done every other time,
would probably abandon them and they would be subject to this.
They are already subject to this just because of rumours
that they were associating with the United States.
This week, one strike injured 9, P.A.K. Peshmerga,
several of them very critically injured.
Talking of strikes, let's pivot to Nigeria,
where Afrocom is claiming its strikes have killed
175 or more ISIS members.
I know that I am like the lonely voice on this.
The second I and the second S in ISIS stand for Iraq and al-Sham or Iraq and Syria.
Yep.
Yes, yes, yes.
It's constantly frustrating.
ISIS-Khorasan province.
That's not what it means.
ISIS, West Africa, no what it means.
So it's the Islamic State of Iraq and al-Shahm in Africa?
What is we're doing it?
Yeah, incredible.
It's now made it into you.
Like, it would be like if there was like a Christian fundamentalist, like the Georgia Baptist School of London or something like that.
Yeah.
Or it's like the United States of America.
Yeah, the United States of America, Japan.
Yeah.
Come on.
Not what the word means.
Yeah.
I mean, yeah, in the new counterterrorism doc, I think they almost exclusively refer to it as ISIS K.
Yeah.
So that's Khorasan province, right?
which again, not in Iraq or al-Sham in what we would call Afghanistan today.
It's fine. It's fine.
Yeah, this is where we're out with the fucking acronym.
It's not an acronym. It's just a word, I guess now.
I remain angry.
Meanwhile, fighting between Boko Haram and Iswap, which is what I'm going to be using,
Elect Chad continues to threaten even worse famine in the region.
And Hexeth is claiming that these strikes were part of a campaign to defend Christians.
And I just want to note one more thing to give you a sense of how committed this president is.
Maybe a year ago, he heard the call of Nigerian Christians who were being targeted and killed by ISIS in Nigeria.
And he said, Pete, I want the War Department to focus on ensuring that we do everything we can to protect those Christians.
Partnerships like that can take time behind the scenes, but he never wavered on it.
And we got the assets there.
And over the last month, and there hasn't been much coverage of this, we killed ISIS number two in
Nigeria who's most responsible for killing Christians and trying to target the U.S. homeland and have
since, because of the intel we gather, killed hundreds of ISIS members who are targeting and
killing Christians in Nigeria, creating a whole new opportunity there. So there's a lot of things we do
that the media pays attention to and a lot of things the president empowers the department to do
on behalf of the American people that he deserves great credit for. So here we are paying attention
as he asked. You will notice that the Africom claim of 170
is not hundreds. However, Hexeth, in that statement, claimed hundreds. Maybe we are missing something. Or maybe he's referring to the December 225 strikes and including all of those who rolling them up together. It's, of course, worth pointing out that Nigerian government has pushed back on this narrative, that these strikes are to defend Christians. There are Christian bishops in Nigeria who have pushed back on this narrative. Because as with many Islamist terror groups, the majority of people, these people have killed, are not Christian.
Right. Many of them are Muslims, many of them, people of various other faiths.
Like, Boko Haram, right, the name roughly translates to, like, Western-style education is forbidden.
It's Haram. Like, they're going after people who are in that community who have sought out Western education.
Like, there are many, many, many instances I could say of these people killing Muslim people.
Hexas wants to make this a crusade, and that's just not how things are on the crown.
It's a very simplistic understanding of a much more complicated reality.
But yeah, that is what I have on Nigeria this week.
He is right that the US media covers Africa less, much less than it should.
But we're trying to do our best here.
We have one more story, big story before we close.
But first, we should mention the Republican primary in Texas on Tuesday.
After gaining Trump's endorsement last week, Texas Attorney General Ken Paxton,
won the runoff election in the Republican Senate primary race.
Paxton won by almost 400,000 votes,
beating the fourth term incumbent Republican settler, John Cornyn,
at 64% to 36% of the vote.
This is the second week in a row
where Trump has successfully intervened
to steer congressional primary win
away from incumbents and toward staunch mega-loyalists.
Paxton will now go up against Tala Rico
in the general election.
this November.
Should we mention Paxton calling
Top Rico transgender?
Yeah.
Yeah.
I mean, it's not just Paxton.
It's Miller.
Miller.
Yeah.
Yeah.
Yeah.
There seems to be a whole GOP
move to brand him as
trans potentially.
Yeah.
As part of their,
which I kind of see
some degree of desperation,
although I can't really imagine
Paxton losing this election.
So maybe it's just that
they're complete.
out of other ideas.
Paxton does seem to have more
liabilities than Cornyn would.
Sure, but he's Paxton and this is Texas.
You have to keep that in mind.
They're not going to take Texas.
This guy has been charged with crimes
and the GOP tried to get rid of him.
Texas refuses.
Yeah.
Texas is like absolutely not.
I mean, I never am putting my faith in Texas
as we all know.
Yeah.
But if I were
to set up a pairing,
The Talarico v. Paxton pairing is the one I would pick, as opposed to Talarico v. Cornyn or, you know, Crockett v. Paxton.
Sure. I'm not going to say there's no way that Talarico wins.
It would be an astonishing, like a mirror.
It would be really.
Yeah.
Look, I'll come on here and admit I was wrong, and I'll be thrilled.
I just spent too long living in Texas.
I'll see this as like the person who's been.
the most consistent, like, assuming there's an election that even sort of functions normally,
this is going to be like a 2008-style wave. They're not, like, they're not going to win Texas.
And until I'm proven wrong, I've been saying this the entire time I've been doing this show and I've
been right every single time. So, like, prove me wrong, Texas.
You know, when I see a flip for Texas coming, I'll call it out, but I don't right now.
Nope. Yeah. I'm not saying it'll never happen because demographic.
probably will at some point.
Like, unless they really succeed in their genocide dreams.
But that ain't happening now.
Yeah.
This cycle.
Finally, let's talk about another one of these redistricting cases and one related to the Supreme
Court ruling on the Voting Rights Act.
On Tuesday, a federal court blocked an Alabama congressional house map drawn by Republicans
in 2023.
A three-judge panel found that the jury.
drawn map was intentionally discriminatory based on race.
Just two weeks ago, the Supreme Court cleared the way for this same map to be used in the
2026 midterm elections.
Alabama Republicans have since labeled the district court panel activist judges.
It's worth taking a look at who these judges are, I think.
The 11th Circuit judge was first appointed to a district court by one Ronald Reagan.
The other two district judges were appointed by Trump.
Yeah.
And this exact same
three-judge panel
had already found
this exact same map
to be intentionally
racially discriminatory
years ago.
This new district court order
also rejects the state's
claims that the 2020
map was just drawn
with partisan, not racial intent.
Right, and quote,
the purpose of the 2020-3 plan
was to distribute black voters
across districts
to dilute their votes
at least in part because they are black, unquote.
This latest ruling is part of a specific redistricting battle
that has stretched on for five years,
with Republican maps being repeatedly struck down,
appealed, redrawn, and struck down again.
Now, I've seen some confusion on the exact series of events here,
like what the Supreme Court has ruled on,
which maps are being used.
So I want to just briefly go over the sequence of events as I understand it.
In 2021, a district court,
ruled that a new map drawn after the 2020 census likely violated Section 2 of the Voting Rights Act.
The Supreme Court upheld this decision in 2023, barring the use of this 2021 map.
After the Supreme Court decision, the Alabama legislature adopted a new map in 2023,
but a federal court again found that this newer 2023 map also likely violated Section 2.
and the Supreme Court let a ban on the use of this map go through by declining to block the order,
but they did not rule on the map itself. So the court appointed a special master to draw a new Alabama
house map to use going forward. In 2025, following a trial, the district court officially ruled
that Alabama's 2023 congressional map did in fact violate Section 2 of the Voting Rights Act,
finding the map was, quote, an intentional effort to dilute black Alabama's voting strength
and evade the unambiguous requirements of court orders standing in the way, unquote.
Importantly, the Supreme Court had yet to rule on the actual 2023 map itself.
After the district court's ruling in 2025, Alabama did appeal to the Supreme Court,
but they delayed consideration until after the Louisiana case.
As we know, that ruling effectively nullified.
much of Section 2 of the Voting Rights Act,
establishing that intent of racial discrimination must be shown,
not just discrimination as an effect in the drawing of voting districts.
But after that ruling, Alabama asked the Supreme Court again
for a quick appeals decision before the state's scheduled primary
and to put the lower court's order barring the use of the 2023 map on hold,
considering their recent ruling in the Louisiana case.
And on May 11th, the Supreme Court granted Alabama's emergency.
shadow docket appeal, vacated the order blocking the use of the 2020s district map and sent
the case back to the lower court for further review in light of the Louisiana ruling.
So, that's a lot. But remember that the district court already ruled that the 2020
map intentionally discriminated based on race, the very requirement set by the Supreme Court's
Louisiana ruling. So when the district court reconsidered,
the case this past week, they found that the Louisiana decision only strengthened their original
ruling that the Alabama GOP map was intentionally discriminatory and diluted black voters.
This is pretty much what Sotomer wrote in her dissent when she argued that there was,
quote, unquote, no reason to send the case back to the district court because that court had
already concluded that Alabama, quote, violated the 14th Amendment by intentionally diluting the votes
of black voters in Alabama,
that constitutional finding
of intentional discrimination
is independent of
and unaffected by
any of the legal issues
discussed in the Louisiana case,
unquote.
So that's essentially what happened.
That's essentially what the district court found.
The three-judge panel also rebuffed
opposition to the court-ordered map in Alabama
on the basis that it bears a similarity
to the map at the center of the Louisiana case,
writing that it's their understanding
of the Supreme Court's,
its recent ruling, that race as a districting criterion cannot be used when drawing maps,
but that quote-unquote relevant racial data may be considered for a lawful purpose,
like checking that the drawn maps comply with Voting Rights Act precedent.
It's not that racial data is used in the drawing of maps, but after the maps are drawn,
they can be checked against racial data to make sure they comply with Voting Rights Act law.
The district court wrote that Louisiana's black population is not as concentrated as in Alabama,
requiring a black majority district to slice through multiple metropolitan areas to scoop up black voters,
whereas in Alabama, it's quote unquote relatively easy to draw a reasonably configured majority black district.
Quote, we are unsurprised that race blind relief is available here but was unavailable there.
Here, it has been consistently obvious to us from our visual assessment of the geographic dispersion
of Alabama's black population and statistics about black population centers in the state
that black voters in Alabama are relatively geographically compact, unquote.
So essentially, it's actually pretty difficult to draw a map that separates out the black population
to be a minority force in all voting districts.
As for demonstrating intent, the district court found
that the Alabama legislature only enacted the discriminatory map
after knowing it would dilute the impact of black voters.
And by having prior knowledge of the disparate racial impact,
including from federal court findings,
and then passing the map anyway, that itself shows intent.
Furthermore, the judges wrote that the case's, quote,
enormous record contains no evidence of a partisan motive, unquote,
in the drawing of the
23 map. I'll quote again
from the recent order.
Quote, in the simplest terms,
the sequence and substance of extraordinary
legislative events against the backdrop
of the legislature's knowledge
compels us to conclude that the legislature
doubled down on racially
discriminatory vote dilution
after we and the Supreme Court
found that it was racially discriminatory
vote dilution.
The same evidence leaves us no room to conclude
that when the legislature did all this,
it had party politics in mind.
The only available intent evidence tells us that consideration of race were the key reason,
unquote.
So the court ordered Alabama to use the alternative court-ordered map already used in the
2024 election for the rest of Alabama's 26 congressional elections, after which the legislature
can then create a new congressional district plan.
And of course, the state of Alabama has already appealed this to the Supreme Court.
Supreme Court, and we will wait and see if they decide to hear this case.
Yeah, this will continue to be a thing we're going to have to report on, and we should say
for some time, right?
Yes.
This is going to result in massive changes.
Yeah, we will continue to cover them, I guess.
It is interesting that this is the first time I've seen a court really, like, interpret the Louisiana
ruling for, like, another case to a, like, this is, this is like an over 70 page, like,
like, ruling.
Yeah.
And they discuss, like, where the Louisiana ruling.
Louisiana case does apply and where it doesn't and what it means to, quote, unquote, consider race in the
evaluation of these districts. And it would be interesting, you know, if the Supreme Court decides to
hear this, if they're going to affirm this court's interpretation of their ruling, or if they're going to
say, no, you got it wrong and strike down their interpretation. But, you know, right now they,
they did really outline, like, what, what it means to, to use race in reference to these districts and how
cannot be used in the drawing of the district,
but that it can be considered
to make sure that it complies with the Voting Rights Act,
and that does not mean that it was used
as an instrument in the actual drawing of the district.
And I think that that specificity
is an interesting part of the new ruling.
Definitely.
I think like, it's just like any other Supreme Court decision,
right?
Things tend to sort of bounce around
before they're entirely clarified.
Yeah.
Like I said, this is like a five-year-long
case all stemming from the 2020 census and the maps that the Republicans have tried to
try to draw after that, which as multiple courts, Supreme Court and the district court have
already concluded, the GOP tried to intentionally dilute the votes of black Alabamans, right?
And because of the way that the black population is concentrated in Alabama, there needs
to be an intentional effort to do that, right? Whereas in this Louisiana case, the drawing of
districts had, you know, had to like look to more gerrymandered to.
create these black majority districts, whereas in Alabama's case, that's not really necessary.
And in fact, a lot of the maps that were referenced in testimony were like algorithmically generated.
Huh, that's interesting that it wasn't like, uh, they didn't get the crayons out and like, uh,
draw lines like Elbridge Jerry did back in the day.
No.
Great, great.
I love that.
I'm sure we can expect much more wonderful algorithmically generated election.
Well, yeah.
Content.
What a time to be alive.
If you want to email us,
Coolzone Tips at proton.me.
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which case, please email.
Put a trans girl on your couch.
We reported the news.
We reported the news.
Hey, we'll be back Monday
with more episodes every week from now
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Thanks for listening.
One hits, millions of records sold,
awards, sold out tours.
You think that Jonas Brothers are satisfied?
Nope, it's podcast time.
We get to ask other people questions
because we're sick and tired of being asked questions.
Hey, Jonas is available now,
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Listen to Hey Jonas on the IHeart Radio app,
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Listen to humor me with Robert Smygel and friends on the IHard Radio app, Apple Podcasts, or
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Here's something that should not be as complicated as it is, getting a racist statue removed.
And here's something that should be a whole lot easier than it is, getting a new one put up in its place.
I'm Akila Hughes.
Rebel Spirit Season 2 is about both of those things.
As I was watching these statues come down, I was thinking about what it meant that I grew up
in a majority Black City, in which there were more homages to enslavers than there were to enslave
people.
Listen to Rebel Spirit Season 2 on the IHeart Radio app, Apple Podcasts, or wherever you get your
podcasts.
Your 20s can be so exciting, but they can also be really overwhelming, confusing, and
honestly, just kind of lonely.
May is Mental Health Awareness Month, and the psychology of your 20s is
breaking down the science behind the biggest roadblocks we face.
I was six years into my career, the 80-hour weeks, and just the first one in, the last one out,
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You don't need to have everything figured out right now.
You just need to understand yourself a little bit better.
Listen to the psychology of your 20s on the IHeartRadio app, Apple Podcasts, or wherever you get your podcasts.
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