The Philip DeFranco Show - Mamdani’s Win Is Bigger Than You Think, Asmongold Defamation Lawsuit & Trump's Supreme Court Problem

Episode Date: November 5, 2025

New Crashing Out Pod lol: https://youtu.be/QCiIlqcSfV8 Go to https://www.rocketmoney.com/pds to cancel your unwanted subscriptions. Go to https://buyraycon.com/DEFRANCOOPEN to get up to 30% off sitewide. Thanks Raycon for sponsoring! Use code “PHIL” for $20 OFF your first SeatGeek order & returning buyers use code “DEFRANCO” for $10 off AND your chance at weekly $500 prizes! https://seatgeek.onelink.me/RrnK/PHIL   LISTEN TO THE SHOW iTunes: https://podcasts.apple.com/us/podcast/the-philip-defranco-show/id1278424954 Spotify: https://open.spotify.com/show/6ESemquRbz6f8XLVywdZ2VWATCH CRASHING OUT w/ PHILIP & ALEX Youtube: https://www.youtube.com/channel/UCergKLoy-Yv9zlPk3XQYK7Q?sub_confirmation=1 Spotify: https://open.spotify.com/episode/2DkU87umhGH9mH1z24Bi9w?si=6sSdjhVNQjyVeBQDLiXcyg Apple: https://podcasts.apple.com/us/podcast/crashing-out-with-philip-defranco-and-alex-pearlman/id1843429519 WATCH/LISTEN TO MY NEW PODCAST w/ KAT ABUGHAZALEH Spotify: https://open.spotify.com/show/2CePXwDrvdQTes844wflKp?si=55a6b6049c4841ed Youtube: https://youtube.com/acw?sub_confirmation=1 iTunes: https://podcasts.apple.com/us/podcast/in-good-faith-with-philip-defranco/id1827016835 JOIN OUR COMMUNITY 📸Instagram: https://instagram.com/PhillyDeFranco  🐦Twitter: https://twitter.com/phillyd  🎵TikTok: https://www.tiktok.com/@philipdefranco  TODAY’S STORIES 00:00 - U.S. Sees Blue Wave as Mamdani Wins NYC, Prop 50 Passes in CA, & More 08:53 - Sponsored by Rocket Money 10:01 - Mizkif Sues Emiru, Asmongold, & OTK  12:33 - Government Shutdown Reaches 36 Days, Longest in History  19:56 - Sponsored by Raycon 21:04 - Supreme Court Hears Arguments About Trump’s Tariff Policies  26:21 - At Least Nine Killed in UPS Plane Crash in Kentucky  28:58 - Sponsored by Seatgeek 29:27 - Alex Pearlman Is Calling It: Woke is Back  THE TEAM Produced by: Cory Ray Edited by: James Girardier, Maxwell Enright, Julie Goldberg, Christian Meeks, Matthew Henry Art Department: William Crespo Writing/Research: Philip DeFranco, Brian Espinoza, Lili Stenn, Maddie Crichton, Chris Tolve, Star Pralle, Jared Paolino   ———————————— #DeFranco #ZohranMamdani #AOC Learn more about your ad choices. Visit megaphone.fm/adchoices

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And now, now you can't do that. And Bafto Award winner Lenny James. You're about to have a plague of outsiders descend on your town. Let me tell you this. It's got to be consequences. Mayor of Kingstown, new season now streaming on Paramount Plus. Democrats destroyed the Republicans last night. I thought maybe Democrats had forgotten how to win.

Democrats dominated election day. And now you've got people asking, can this momentum carry on through to next year, especially as Donald Trump and the Republicans are doing everything they can to stay in power. But first, we got to talk about the results starting in New York, right where you had Zoran Mamdani winning just over 50% of the more than 2 million balance that were cast, more than Andrew Cuomo and Curtis LeWock combined. And in fact, he won more votes there than any candidate since 1969. But that's also not where history ends, because he's not where history ends, because he's

is gonna be the city's youngest mayor since 1892, as well as its first Muslim mayor and first mayor of South Asian descent. And so with all of that, and in the face of Donald Trump getting more and more involved and making threats, yes, you had Mamdani celebrating his victory, but he also pushed back against Donald Trump. Here, we believe in standing up for those we love.

Whether you are an immigrant, a member of the trans community, one of the many black women that Donald Trump has fired from a federal job. A single mom still waiting for the cost of groceries to go down. Or anyone else with their back against the wall. If anyone can show a nation betrayed by Donald Trump how to defeat him, it is the city that gave rise to him.

And if there is any way to terrify a despot, it is by dismantling the very conditions that allowed him to accumulate power. This is not only how we stopped Trump, it's how we stop the next one. So Donald Trump, since I know you're watching, I have four words for you. Turn the volume up.

With that, you had many Democrats and left-wing figures celebrating, in that, including Alexandria Ocasio-Cortez, who also really highlighted what was so stand-out about Mamdani's victory. He had to not just defeat a Republican. He had to defeat a Republican and the old guard of the Democratic Party at the same time. He was fighting a war on two fronts and not just one. And he still won resoundingly.

And I think the message that that sends is that the Democratic Party cannot last much longer by denying the future. by trying to undercut our young, by trying to undercut a next generation of diverse and upcoming Democrats that have the parties, the actual party, that our actual electorate and voter support. And regarding what's next and those kind of in the old guard, she said, We have a future to plan for. We have a future to fight for.

And we're either going to do that together or you're going to be left behind. And I think that that is not a partisan issue. It's not about progressive, it's not moderate, it's not liberal. This is about, do you understand the assignment of fighting fascism right now? And the assignment is to come together across difference no matter what. Right, but then jump into the West Coast. You had California, and there you had voters overwhelmingly approving Prop 50, which was the ballot measure that will allow temporary redrawing of congressional districts in a way

that should give Democrats five more seats in the House. And that, of course, is in response to, and expected to now offset the five seats that Republicans are likely to pick up thanks to Texas's mid-decade gerrymander. Of course, that's not where it's expected to end. Several other Republican states, including Missouri and North Carolina, are poised to follow suit as Trump's continued his unprecedented effort to mold Congress to his liking. So that's why with this, you had California Governor Gavin Newsom not only celebrating his victory, but explicitly calling on other states, including Colorado, Illinois, and Maryland to follow his leave.

And then actually, adding to that, today you had the chairman of the Democratic National Committee bowing that his party would match Republican redistricting efforts. We've leveled the playing field, and now it's up to Republicans. if they continue with this nonsense and continue going down this road of trying to redistrict, unconstitutionally redistrict in Republican-controlled states, we're going to meet them state-by-state. Now, from there, we've then got to go to Virginia, where Democrats won every statewide contest.

They flipped 13 seats in the state legislature to win their biggest majority in nearly 40 years. And that, as former Representative Abigail Spanberger, won the governor's race by 15 points to become the state's first female governor. In fact, even Jay Jones, the Democratic nominee for Attorney General, his race despite that scandal involving violent text messages that he sent back in 2022 about his political opponent. And then finally for Virginia you had Ghazala Hashmi, she's projected to be Virginia's lieutenant governor which will make her the first

Muslim woman elected statewide. Right and then we jumped to New Jersey where you had current representative Mikey Cheryl getting the win by roughly 13 points beating out former state assembly member Jack Chittarelli, who also I'll say this is a big thing, came within three points of victory back in 2021. But then with all that there's still the question of well where do Dems go from here? Right mom done he has progressive politics got got him to win in New York with Spanberger and Cheryl. They're way closer to the center, and that obviously worked out just fine for them in their states.

And so then with that, some saying that this is setting up a battle over who defines the party. So again, quick thing, I'm just gonna inject my opinion here, I did this yesterday. Outside of a national election, you don't need to run a singular thing. Different strokes for different folks, though there is a certain area of overlap.

That's gonna be, or at least it should be populous ideas like affordability and cost of living. And to that point, Mamdani, Spanberger, and Cheryl focused on affordability and the cost of living in their campaigns, while also going after Trump. But again, the Trump stuff is also after Trump. Trump bad isn't by itself a winning campaign.

Well, anecdotal though I see stories like this popping up online, anything that I've gone to in person, it's been a lot of people yelling at representatives, tell us what you're going to do for us other than them bad. Though, that aside, I will say that Republicans, right now they're doing everything they can to make Mom Donnie the face of the Democratic Party. Though that also, as they blatantly mischaracterize his views.

In fact, just last week, the National Republican Congressional Committee, They sent around a memo claiming that Hakeem Jeffries' last-minute endorsement of Mamdani was evidence that the Democratic Party had been hijacked by leftist radicals and adding. Mamdani is a socialist hostile to America, supports an agenda ripped directly from the pages of the Communist Manifesto, is openly anti-police and is funded by groups with ties to terrorist organizations. But I'll say, you know, the mischaracterization aside, the ludicrous stuff aside, and there was really no shortage of it going into the election and we're going to continue seeing stuff. The Momdani factor and how it plays, especially going into the midterms, it's likely going to be dependent on how he performs in New York. Right, what is he able to accomplish? If he's not able to accomplish certain things or he fails places, will people blame him or will there be other factors? And I say that in part because Donald Trump has made threat after threat regarding money in New York if Mamdani were to be elected. So actually, Trump may have run the risk of insulating Mumdani from any sort of judgment for failures because they might see it as, you know, the president of the United States making him public enemy number one.

But again, as I mentioned, New York, It matters, but it wasn't the only thing. And like I mentioned yesterday, there was also a special election in Texas to fill a seat previously held by a Democrat who died back in March. So there, you had two Democrats advancing to a runoff for that seat. And then, in Pennsylvania, three Democrats kept their spots on the state Supreme Court. And that, while it got a lot less attention, is absolutely huge, because it could play a role in the next presidential election if certain voting and redistricting questions end up on their docket. Also, in Maine, voters approved a new red flag law, giving families the option to petition a judge to order weapons to be temporarily taken away from a trouble relative.

that, notably coming two years after a gunman killed 18 people at a bar in a bowling alley in the worst shooting in the state's history. And then finally, we talk about my now home state of Georgia, where you had Democrats flipping two seats on the Georgia Public Service Commission, which is not only the first time that the party has won a statewide constitutional office since 2006. But also, it's a huge deal for reasons that we've talked about on this show. It's basically all about keeping big energy companies from running the show and potentially locking in higher rates for everyday Americans for years to come. But also, with everything that we're seeing, you had Trump and Republicans trying to downplay Republican losses.

With Trump going on to blame the government shutdown as well as the absence of his own name on the ballot, he then also, and I think this shows how embarrassed and desperate and scared he is, he repeated his call for Republicans to get rid of the filibuster. Saying of Democrats, if we do what I'm saying, they'll never, they'll most likely never attain power because we will have passed every single thing that you can imagine. And all of this is today when he was hosting a breakfast at the White House with Republican Senator as he continued to spread baseless claims about election fraud, right? accusing Dems at cheating, claiming mail-in ballots are automatically corrupt.

We should pass voter ID. We should pass no mail-in voting. We should pass all the things that we wanted to pass to make our elections secure and safe. And then adding to that, you also had White House Press Secretary Caroline Levick, claiming that preparations for another executive order on elections were underway. And so, you know, with all this, I'd love to know your thoughts, opinions, and reactions, but where I'll end this, and this is me putting on my opinion hat again. Enjoy the win, enjoy, remembering what hope felt like. But also know, you have an old, desperate, sad, embarrassed president who's really willing to try anything. He's not calling for the end of the filibuster from a place of strength.

They just got beaten these elections, his polling's horrible, you know, eyes forward and on to the next. And then there's more we're going to dive into in just a minute, but first let me say the holidays are supposed to be about joy, not realizing your budget was just a vibe. One minute you're buying one more gift and suddenly you're applying for a small business loan to cover wrapping paper. That's why today's sponsor, Rocket Money, is a holiday miracle. Right, Rocket Money is a personal finance app that helps find

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We're with Miskiff now suing Emiru, Asman Gold, and O-TK for defamation, among other things. With the complaints saying that the three have acted in concert to wrongfully accuse Mizkiff of, quote, serious criminal activity for no purpose other than to harm him, his reputation, and his business, and rest from him control of the companies that he helped build. Because last month, we talked about how Emiru, who used to date Mizkiff, went on stream and accused him of sexual assaults, abuse, and more. And then you had Mizkiv doing his own stream, denying her allegations, but, and large, most people ended up taking her side and they didn't really think Ms. Kiff made a great case for himself. And so what you saw, she ended up getting the support of major creators

like Asman Gold. And to now, in a lawsuit filed in Texas, you have Ms. Kiff suing both of those creators, the organization OTK, and two other companies. And where we'll start with these lawsuit updates is with Emiru because the complaint alleges that she, quote, lied and baselessly accused misgift of psychological and domestic abuse, stalking and harassment, sexual assault, and threats of blackmail, and saying these slanderous accusations were made live before an audience of tens of thousands and have since been viewed millions of times across various platforms. And the lawsuit then goes on to push back against those claims, claiming that her allegation of sexual assault doesn't actually meet the definition of the act.

But then also it says at the same day that Emiru made her allegations, OTK, which is a media collective that Ms. Kiv co-founded, sent him a letter to terminate his interest in the company. And saying that letter also claimed that he owed $600,000 to mythic talent management and saying that he violated an agreement that he had with King Gaming Labs. In the regarding Asben Gold, the complaint notes that he's also a part owner of OTK and then alleges that since Emiru made her allegations, he has, quote, continuously defamed Mizkiff on a near daily basis. It's saying that Asman Gold has been painting Mizkiff as the aggressor and abuser in his relationship with emiru and claiming that even though Asman Gold will sometimes couch his statements with, and allegedly, he notes he's only giving that disclaimer for legal reasons.

And he then had the complaint adding that Asman Gold has enriched himself from his smear campaign by drama baiting for views. So according to Mizkiff, all of these combined actions have caused serious and lasting damage to his personal reputation. We're saying that he's lost followers and subscribers and anticipates losing sponsorship opportunities as well. So because of all that, he's seeking a declaratory judgment against the company's OTK, Mythic, and King. And with all that, he also accused OTK and King of contract breaches and then accused Emiru and Asman Gold of defamation. And so for now, while we wait to see how this plays out in an actual legal court, as far as in the court of public opinion, the response, it's mostly been people shocked that Mizgiv's taking legal action and doubting his chances of winning. But for now, that's where we are.

We'll have to wait to see where this goes. And especially if you're in this space, I'd love to know your thoughts, opinion. and reactions. But then next today, we should talk about how we're now officially in the longest government shutdown in American history. Congratulations, we couldn't have done it without you. Well, we probably could have, actually. But we're now entering the 36 day, breaking the previous record of 35 days that was also set under Donald Trump during his first term. And notably, since Congress introduced the modern budget process in 1976, there have been 20 shutdowns, not including this one, but only four actually lasted more than two weeks. Right, those being in 1978 under Carter, 1996 under Clinton, 2013 under Obama, and 2018 under Trump. But not only is this historically rare, it's also economically bad and getting worse by the day.

Right, just because the government's not spending money, that doesn't mean it's not losing money. Because as it turns out, shutdowns are very expensive. The last one that went on for this long, it cost the US an estimated $3 billion in GDP. Right, and if this one, it goes on for another month, the Congressional Budget Office estimates that it will cost $14 billion. Though arguably, that pales in comparison to the pain that's being felt by federal workers and the millions of Americans who depend on their services. Right, because over a million federal employees are continuing to work without pay, and another 600,000, they've been furloughed.

You've got museums closed, Social Security phone lines being backed up, over the weekend. I mean, food stamps, also known as SNAP, they stopped going out to families. Which was crazy for a number of reasons, including there is a roughly $5 billion emergency fund that can pay for the benefits, but Trump has refused to use it until Democrats do what he wants. Right, and so then the federal courts, they ordered him to, and after posting on truth social that he still wouldn't, his White House this week said that they would, but that they only have about half the money that they need to send out full benefit. And so what we've seen is, as the shutdowns dragged on, Democrats have latched on to snap as the core issue alongside health care in their narrative battle. I know of no faith that teaches that we should take food away from hungry children. Veterans, elderly, children, taking food out of children's mouths.

That is what they're doing. To force 42 million Americans to go hungry. As people are scared that they're not going to feed their families. Kids are pawns. pawns in this political game. Trump's hunger games. It is now the make America hungry agenda. But snap, you know, it's not the only issue, right?

There's also the threat of health insurance premiums doubling or tripling if the Affordable Care Act subsidies expire at the end of the year, which Democrats are trying to prevent. You know, now air travel is slowly unraveling as air traffic controllers stop showing up to work, right? Because while they're required to keep working without pay, many have left to find other sources of income during the crisis. Which you know is real bad news because the FAA was already struggling to fill us, a severe staffing shortage before, but now things are even worse. Or with controllers only getting a partial paycheck last month, no paycheck last week,

and no paycheck next week unless something changes. And yesterday you had Transportation Secretary Sean Duffy warning that if that happens, if you bring us to a week from today, Democrats, you will see mass chaos, you will see mass flight delays, you'll see mass cancellations, and you may see us close certain parts of the airspace because we just cannot manage it because we don't have the air traffic controllers. With experts warning that closing even a small part of U.S. airspace, it could cause serious complications nationwide. Right, and this is one, travel's already been pretty severely disrupted, and two, the holiday season's coming up.

All while, it really seems like there's no end in sight, though I will say some politicians are a little more optimistic than others. Like, for example, you had Ted Cruz telling Fox News. My prediction it will end either the end of this week or early next week. With his reasoning being that now that the elections are over, Democrats won't feel as much pressure to keep up the appearance that they're fighting Trump, so they'll soften their stance. But Trump very much disagrees. Or when he gave a speech to his party in the Senate this morning, he likened Democrats to suicide bombers. I think they're kamikaze pilots.

I just got back from Japan. I talked about the kamikaze pilots. I think these guys are kamikaze. They'll take down the country if they have to. And of course, like we talked about, he pushed the idea of nuking the filibuster. It's time for Republicans to do what they have to do, and that's terminate the filibuster. It's the only way you can do it. We should start tonight with the country's open.

Congratulations. Then we should pass a voter. Voter ID. We should pass no mail-in voting. We should pass all the things that we wanted to pass to make our elections secure and safe. But with that, I'll say that Republican leadership has so far not budged on their commitment to keep the filibuster in place. So as far as interesting stuff that Republicans are saying, I mean, we got to talk about Marjorie Taylor Green. Right. Marjorie Taylor Green, she went on the view yesterday and she had viral clip after viral clip. When I talk about weak Republican men, I'm pretty much talking oftentimes about the leadership in the House and the Senate. And they're just, they're not getting our agenda done.

And while it was once unthinkable that she'd go on a show like The View, I mean, after this summer, I mean, she's clashed with her own party and sometimes even Trump on issue after issue. Right first, she criticized Trump's airstrikes on Iranian nuclear facilities, accusing him of a bait and switch. What we campaigned on was no more foreign wars, not being involved in regime change. Then she made herself the first Republican in Congress to call what was happening in Gaza a genocide. Children that have been blown to pieces and are, or they're finding them dead in the rubble. Then she joined Democrats and just a few Republicans and demanding that the White House released the Epstein files.

The truth needs to come out. And the government holds the truth. And now most recently, she accused her Republican colleagues of doing nothing to prevent American's health insurance premiums from doubling or tripling when the Affordable Care Act subsidies expire at the end of the year. I'm getting phone calls from people that are saying if the ACA tax credits expire, they aren't going to be able to have health insurance. Well, on the view, she hit that same note again with much more force and called out her

own leadership by name. I yelled at Mike Johnson last week on our GOP conference call. By the way, I'm missing the call today. It's going on right now. I shouldn't have to go into a skiff to go find our Republican health insurance plan. Honestly. There is no plan. You know what? You want to know something? That, I believe, is the truth. And then you had Sarah Haynes later asking why she thinks that Republicans won't release the Epstein files. And this was Green's answer. I have no idea, but it seems like very rich and powerful men are being protected. Right. And then, as you'd expect, there were a lot of big reactions, especially from furious right-wingers.

You know, one typical response came from Laura Lumer, who wrote on X, told you MTG was flirting with the idea of becoming a Democrat. The women on the view even planted the seed for her. Maybe you should become a Democrat Marjorie. Never seen a more opportunistic woman before. But if you ask Green, she's not moving to the left. She's saying that she's sticking to her America First Principle. Everybody's like, Marjorie Taylor Green has changed. And I'm like, oh no, nothing has changed about me.

I am saying absolutely 100% true to the people that voted for me. But also with everything here, not everyone is on the same page. Right, you've got people like AOC having a very different idea about why Green is doing this. MTG, people are like, oh my God, she's saying all these things, like, what's gotten into her lately? Oh, like she's bucking against Trump. She's bucking against the administration. Marjorie Taylor Green wanted to run for Senate in Georgia. She was gearing up for that statewide race and Trump told her no.

Trump said no And the White House And Trump land shut down Marjorie Taylor Green's personal ambitions to run for Senate And she has been on a revenge tour ever since And for some context there, Green actually declared back in May That she wouldn't run to unseat George's incumbent Democratic Senator John Ossuff But also in response to AOC's claim you had Marjorie Taylor Green telling the Hill I have already explained in a lengthy post that I have no interest

in serving in the U.S. Senate. Look at the Senate right now, it's a total mess. And as for the revenge tour thing, while she acknowledged breaking from Trump on a few issues, she repeatedly said that she still loves and supports him. And then we've got more we're going to dive into in a minute, but first let me say, you know, the holidays are loud. Stores blaring Christmas music, traffic conkin, like it's personal, and someone always thinking they should control the Bluetooth. And well, today's sponsor, Raycon, they're what's keeping my sanity intact this season. They're essential open earbuds, they're my force field for chaos. Like I still hear

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But also, these early deals won't last long, so shop now before they're gone. To scan that QR code or had to buy raycon.com slash DeFranco open for 30% off the essential open earbuds. Or because peace and quiet deserve great audio too. But the next step today, this Supreme Court news is huge. Because today, the Supreme Court's hearing arguments

that could not only dictate our economic future, but also the scale of the president's power. And at the center of this, are two challenges to President Trump's sweeping tariff on virtually every good. And while the two cases, they technically have different facts. Across the board, they do with the same things. Right arguments that the tariffs would dramatically raise prices

and that the president doesn't actually have the power to do this. And in particular, the cases are arguing that Article 1 of the Constitution clearly says that only Congress can lay and collect taxes, duties, impose, and excises and that bills for raising revenue shall originate in the House of Representatives. But in the case of these tariffs, none of that happened. However, Congress does have the power to delegate some of its power to the presidency, and the Trump administration is arguing that that is exactly what happened when it invoked the the 1977 International Emergency Economic Power Act.

The short version of that law is that the administration claims it can declare an emergency and then impose tariffs. But there's a real question whether this law is overly broad, right? Because the Supreme Court, they've ruled in the past that while Congress can hand its power over to the President, it can only do so if conditions for it to happen are very specific. For that guidance, the 1975 decision of United States v. Yoshida International will definitely be looked at. Technically, that case, it doesn't deal with the International Emergency Power Act,

but it instead involves a similar law with very similar wording. In that case, President Nixon imposed a 10% tariff that went back and forth in various courts for a long time. But in the end, the now-defunc Court of Customs and Patent Appeals allowed it to stay, despite Nixon not consulting Congress because it was seen as a limited tariff and a temporary measure calculated to help meet a particular national emergency, which is quite different from imposing whatever tariff rates he deems desirable. However, you also have this Supreme Court that seems to love debuck precedent, and we saw some hints of that in today's debates. Right, like when Chief Justice John Roberts showed some skepticism that Trump didn't have the power to tariff. Normally, Congress has the power to tax through things like tariffs, but Roberts felt that it implicates very directly the president's foreign affairs power.

In that position that tariffs are a foreign affairs tool is almost identical to what the Trump administration is trying to argue. Though, I will say not every justice was so clearly on board. Or just as Amy Coney Barrett question why the reciprocal tariffs were so broad and asked. Is it your contention that every country needed to be tariffed because of threats to the defense and industrial base? I mean, Spain, France. I mean, I could see it with some countries, but explain to me why as many countries needed to be subject to the reciprocal tariff policy as are. With lawyers for Trump then arguing that it was necessary because this emergency is so broad, you then also had Justice Neil Gorsuch pressing the administration about Congress delegating its powers. As we talked about, you know, Congress can do this in some limited circumstances, but Gorsuch is a big proponent of the clear

separation of powers, leading him to ask the administration if Congress could delegate its war-making authority to the president. And you know, to be clear, this was more of a rhetorical question and it showed that Gorsuch was skeptical about the administration's claims that the power was clearly delegate. But possibly one of the best bites came from Justice Kagan, who showed some frustration over the administration stands that it can unilaterally declare anything an emergency and that it can't be reviewed, leading her to say. In fact, you know, we've had cases recently, which deals with the president's emergency powers, and it turns out we're in emergencies everything all the time about like half the world. Also, another factor that may help decide the case here is that the administration has admitted that they have many ways. to levy these tariffs, even if the Supreme Court rules against them. I mean, even before arguing in court, you had Treasury Secretary Scott Besant telling CNBC. There are lots of other authorities that can be used, but Aiepa is by far the cleanest,

and it gives the U.S. and the president the most negotiating authority. The others are more cumbersome, but they can be effective. And as far as the others, there are things like the Trade Expansion Act of 1962, and the Trade Act of 1974, both of which could let the president enact tariffs just as broad as he already has. You know, without getting too bogged down on the specifics, the reason the administration doesn't like to use those is because they have a longer turnaround time, so it makes them less effective as negotiating tools. And with all that said, you know, it brings us to the question of, well, what type of fallout can we expect if the court goes against Trump? Like beyond an angry truth social post.

And well, the easy answer is kind of some widespread economic chaos. Right, for starters, the U.S. has gathered $90 billion in tax revenue from the tariffs. Right, and with that, you even had justice is like Barrett, wondering, you know, what's going to happen? with the cash if the court rules against Trump and asked. If you win, tell me how the reimbursement process would work. Would it be a complete mess? The plaintiffs kind of just admitting they don't have a plan and that it would be a cluster fuck. Right, and then on top of that, there's a lot of confusion about what would happen to all the trade agreements

that the United States has made with foreign governments. But a lot of these, they've involved tariffs explicitly, which actually feeds into the administration's argument that these tariffs are part of its power to negotiate with other countries. You know, that's something that you saw justices Samuel Alito and Clarence Thomas mentioning today. And you would Alito presenting a hypothetical of what if a country was holding an American hostage, right asking could the president enact a tariff for the purposes of leveraging his position? But also with that said, in addition to other things, you have many still feeling that removing the tariffs would just be an economic boon in the long run. For tariffs, they have an inflationary effect because they literally raise prices, which is the definition of inflation.

And for the average consumer out there that already feels like prices are getting at a hand, it's even worse. Not to mention that for businesses, that the tariffs have been a nightmare not only because they're expensive, but also because they're so arbitrary and random. It makes it incredibly hard to plan out things for the future. And we'll probably, you know, it's going to be a while until we hear a final decision. In general, it did seem that even the conservative justices seemed a little skeptical with the administration's arguments. But as far as what that means for the actual final vote, that remains to be seen, though we're going to keep eyes on this.

But the next up, in news we've got to talk about, a devastating crash in Kentucky's left at least nine dead. Because yesterday afternoon in Louis, UPS flight 2976, headed to Honolulu, took off from the Muhammad Ali International Airport, climbed about 175 feet, before then very quickly coming down and exploding. With video showing flames on one of the wings, the plane's taking off at a huge fireball and pillar of smoke when it hit the ground again. So as of this morning, the casualty list includes at least nine people killed, 11 more injured, and 16 unaccounted for. With some of the unaccounted, coming from at least one of the two local businesses that the plane hit on the way down.

One of those being grade A auto parts, and you had the store-s cheap operating officers saying that he was in his office when the power went out and the entire building shook. Right, and after hearing a bunch of explosions, he ran outside and saw flames and smoke, engulfing the company's scrap metal department, which actually has several buildings, and is where the plane actually made contact. So with that, he said a bunch of people came running out of the buildings, climbing through windows to escape, but there are still two employees and accounted for. And also because the shop gets some 200 to 250 customers a day, right now, there's really no telling how many were on site at the time of the crash. And then as far as

the other business that got hit, that was a waste management company, and they said that thankfully no one was there when the plane came down. But then also, as for the other victims, we know that there was a crew of three people on the plane, though their condition specifically isn't known, but also for the people killed, they weren't on the plane itself and some of the other victims broadly have been hospitalized with, quote, very significant injuries. Though again, according to Kentucky Governor Andy Bashir, we should expect these numbers to change and go up in the coming days. Now, as far as what we know about the plane, it wasn't carrying any hazardous materials that would create an environmental issue, but that fire still took hundreds of firefighters' hours

to even get contained. Right, and that likely in part because of the 38,000 gallons of jet fuel that the plane had on board for their trip to Honolulu. Also following the crash, the airport got shut down for the night, along with the local public schools being closed for today. You've also had the shelter and place orders gradually shrinking to just a quarter mile radius from the crash site as of this morning. They've also had UPS saying that they halted package sorting operations at their World Port Global Air Hub and the Louisville Airport, which is actually a central part of its global operations. I mean, we're talking hosting 300 flights and processing 2 million packages a day.

As far as what's next, you have the National Transportation Safety Board, they're going to be handling the investigation to exactly what happened here. And in fact, they're supposed to have 28 people landing in Louisville today to kick things off. But you already have some experts weighing in on what could have gone wrong. Right in that, including people like Scott Dunham, a retired investigator with the NTSB, who said that, you know, the fire on the wing in the videos, it's a pretty good place to start. With the madding, the investigators will likely be looking for evidence of an uncontained engine failure, where a high-speed rotating part of an engine fractures which can result in catastrophic damage to the engine,

fuel lines, or other parts of the structure. The presence of that much fire suggests significant disruption of the engine fuel supply, a possible consequence of an uncontained failure. But for now, that's where we are, and we're going to have to wait to see what comes from the investment. But then finally today, as we wind things down, I want to give out a congratulations and end on one more thing. Starting with congratulations to Zeira C. Seekeek's latest weekly winner who just snagged $500 in tickets and is looking forward to attending Disney on ice. And for the rest of y'all, that's right.

Seekeek is still giving away $500 in tickets and you should definitely answer today if you haven't already. I mean, imagine being the next winner and snagging $500 towards seeing your favorite artist, warning event or play. I mean, there's like over 70,000 events to choose from. And all you got to do is add code DeFranco to your Seekek app profile for a chance of the weekly $500 prize, no purchase necessary. But then, the final thing today, it's actually connected to the first thing we talked about. And today on my brand new weekly podcast crashing out with Alex Perlman, the way we talked about it, where the conversation went. Well, it also went off the rails, very different than how we talked about it on the show. Well, here it was 95% news, 5% opinion.

There, it was kind of the opposite. And I feel like some of you might be in need of that vibe shift today. So if you want to get the full hour, of course, link below, I'll have a link. But at the very least, here's just a quick taste. Phil, Phil, Phil, Phil. Yeah, I'm here. I'm here. I'm here.

for you. Woke is back. Is that the lesson? DEI never dies. Okay? 365 days ago, I woke up at 4 a.m. And I just started puking and shitting everywhere. Here I am a year later. And I'm Dick Cheney's dead.

I'm alive. There's a lot happening. I feel great. I've never felt my skin is better. I need you to know. I even set up a button just for today, just for today. Phil.

Because this is how we feel today. Okay? It's a good day. We're going to do analysis. We're going to talk a lot about what happened with the election. All these things. Can I just tell you right now? It's a vibe bud. And it's a good vibe. And is it going to last? Fuck no.

No. Trump's still president. The economy is shut down. The fucking, my health, I just look, my health care costs is up 21% because the new marketplace just came in. Vivek Ramoswami's posted on Facebook. There's a lot that's happening. But at the end of the day, right now, right in this fucking moment, the Dems swept every

fucking election at rates, not seen since Lyndon Johnson. But that, my friends, you beautiful bastards, is where today's video is going to end. But again, you've got more just to click away. You can crash out with us for an hour right here. I also got links in the description. And or you can watch the newest Philip DeFranco show that you haven't seen yet. But no matter what you do, let me just say, thank you for watching. I love yo faces, and I'll see you right back here tomorrow.