Timcast IRL - SCOTUS Rules For Trump, INJUNCTIONS Blocked, Birthright Citizenship MAY END w/ Will Chamberlain

Episode Date: June 28, 2025

Tim, Phil, & Ian are joined by Will Chamberlain to discuss SCOTUS ruling that universal injunctions are unconstitutional, the ACLU filing a class action suit to stop Trump's changes to birthright citi...zenship, & Ketanji Brown Jackson roasted over ridiculous dissent.   Hosts:  Tim @Timcast (everywhere) Phil @PhilThatRemains (X) Ian @IanCrossland (everywhere) Serge @SergeDotCom (everywhere) Guest: Will Chamberlain @willchamberlain (X)

Transcript
Discussion (0)
Starting point is 00:00:00 In a massive victory for President Trump, the Supreme Court has ruled these universal injunctions, they're out of there, which effectively clears the path for his blocking of birthright citizenship, which is going to be massive. These universal injunctions were blocking every single thing he was trying to do. These district court judges were just saying like, nah, Trump can't do this, Trump can't do this. Now here's the funny thing, this is where it gets wild. Katanji Brown Jackson, her dissent on this was so shockingly stupid that basically all the other justices were like, she has literally no idea what the law is or how law functions. And it was kind of surprising to see them insult her as such in their opinions.
Starting point is 00:00:49 So like they were really needling her. So that's the big story. There's also a major victory for parents that want to opt their kids out of LGBTQ studies. We'll talk about that. And it's the big news. We'll get into a little bit more about this. Trump says he may strike Iran again. Israel may do it, we don't know.
Starting point is 00:01:07 Before we get started, my friends, we got big news. The Culture War Live will be Saturday, July 26, August 2nd and August 9th. These are at the DC Comedy Loft, Washington, DC. Get your tickets now. Link in the description below. Or just go to DC, excuse me, DCComedyLoft.com and you'll see us in the events page. Now we've not formalized
Starting point is 00:01:31 next month's event which is July 26th, we're still waiting for some confirmations, but August 2nd we have Michael Malus and Angry Cops hosted by me and Alex Stein and it is the great cop debate. Cops, good, bad, what's it gonna be? And of course, Michael Malice, anarchist, angry cops, a literal cop, but they're both absolutely hilarious. So this is probably gonna be the funniest and most fun event we do. Granted, I don't wanna sell short our other two events,
Starting point is 00:01:59 but make sure you pick up your tickets at the DC Comedy Loft website. They're going for about 30 bucks I think. We do have preferred seating, they're slightly more expensive. And for members at TimCast.com, members of our Discord, there are 30 free dedicated first come first serve tickets. You can get them at TimCast.com. And those are probably going to be gone in two seconds to be completely honest, but those are for our members. And don't forget, check out castbrew.com because ladies and gentlemen, Josie's 1776 Signature Brew is live. This is, we're calling this flavor American Cream.
Starting point is 00:02:32 It is a creamy flavor. It's basically Boston cream, but we call it American Cream. And this is Josie the Redheaded Libertarian's Signature Blend available now at castbrew.com. So smash that like button, share the show with literally everyone you know. Joining us tonight to talk about this and so much more is Will Chamberlain.
Starting point is 00:02:51 Great to be back as always. I'm senior counsel of the Article 3 Project fighting to confirm Trump's nominees, now I guess to the bench. And I'm also just recently now the new vice president of the Edmund Burke Foundation, which runs the National Conservatism Conferences, and it's always good to be with you guys.
Starting point is 00:03:08 And we planned this, that we knew SCOTUS was gonna issue these major legal rulings, and so we, long ways out, we were like, we're gonna have Will Chamberlain on this day, when SCOTUS is, actually it's just luck. I walked up to Will and I was like, did Lisa plan for you to be here, because we knew SCOTUS was gonna be
Starting point is 00:03:24 having these huge rulings? Nope, just perfect timing. Lisa, you should claim that you did. They talked about prosecutorial immunity and abolishing it last night, so I'm glad you're here because you came into my mind last night while I was watching the show. And I'm Ian Crosslin, happy to be back for my great journey. Tell me about yours, Phil. My name is Phil Labonte, I'm the lead singer of the heavy metal band All That Remains. I'm an anti-communist and a counter-revolutionary. Let's get into it.
Starting point is 00:03:46 Here's a story from NBC News. Supreme Court curbs injunctions that blocked Trump's birthright citizenship plan. President Trump called the ruling a monumental decision in remarks after the court split along ideological lines on his plan to end automatic birthright citizenship. So the way this is being framed, and I think it's, depending on how you wanna write it,
Starting point is 00:04:08 the Trump administration decided to appeal this on the grounds that universal injunctions are unconstitutional and shouldn't be allowed, not whether or not he's allowed to block birthright citizenship. And the Supreme Court said, "'Yeah, these universal injunctions are bunk.'" So for those that are not familiar, every single time Trump does something there's these lower court judges, what are there, 677? A lot.
Starting point is 00:04:33 So basically you had this scenario, they had oral arguments on this and it was actually pretty fat. Did you listen to the oral arguments when this was going down? I think so or I mean I at least was familiar with what was happening. Trump, the solicitor general, I believe, arguing on behalf of the Trump administration said the problem with universal injunctions, one of them, is that he's like, we enacted an executive order and a district court judge put an injunction on it.
Starting point is 00:05:01 We filed an appeal and the appellate court said, stay the injunction on it. We filed an appeal and the and the appellate court said stay the injunction but right after they did a different district court judge put an injunction. So you have 677 judges. Democrats can literally have 677 attempts to stop the actions of the executive branch which is insane. So my question for you Will is does this mean let loose the hounds that basically all of all these injunctions against everything Trump was going to do are are voided for now? No, I mean not every injunction is a nationwide injunction binding non-parties.
Starting point is 00:05:36 This is what I mean, right? The nationwide injunctions they levied against Trump that are still currently in effect, are they effectively like frozen or not working? I think basically all of them are gonna, there's gonna be a motion for reconsideration filed by the DOJ in any case where there's a nationwide injunction, they're gonna update them and say, well, given the latest Supreme Court ruling, this is no longer a lawful injunction. You need to tailor it down to the name parties in the case.
Starting point is 00:06:01 So just to clarify, let loose the hounds. Yes, so, no, this isn't, I mean, it's an incredible ruling loose the hounds. Yes. So no, this is an incredible ruling for the Trump administration. It's really, it brings the law fair and really constrains the ability of all the leftists to go after Trump. And it also, it means we're going
Starting point is 00:06:17 to see a kind of a revival of the class action device as a way of doing aggregate litigation. And I mean, I did class action litigation when I actually practiced law. And it's a lot harder to certify a class. You don't just get the judge to be like, you, the administration, can't enforce this law anymore against anybody.
Starting point is 00:06:32 If you want- That's what they were doing. That's exactly what they were doing. It's insane. And it's what Judge Justice Jackson was really insistent that they ought to be able to do. Yeah. But when you have to certify a class,
Starting point is 00:06:42 you have to have a representative plaintiff whose claims are common to all the other class members, typical, they're an adequate representative. And there's all these procedural protections so that, you know, because you're binding non-parties. And it's really good for the admin because if they ever win and a class gets certified and they win, all the other people
Starting point is 00:07:03 who might want to bring suit, they're precluded from doing so. And so you can't get this run race. Wait, wait, wait, wait, wait, wait, wait, wait, wait, wait, just to clarify, if a class does sue and wins, someone else who may have been party to that class can't sue or what do you, what's that? I mean, the idea is that the class, a class doesn't sue, right?
Starting point is 00:07:22 An individual sues on behalf of a class. Right. Okay. And those, the other class members aren't sue. An individual sues on behalf of a class. And the other class members aren't there. They're unnamed class members. They aren't represented. To do process requires that if you're going to bind them, that you have to be justified in doing so. And so whenever you think about those coupons,
Starting point is 00:07:38 you get in the mail for a class action settlement where it's like you bought olive oil and it was mislabeled or something. I got one for a sports drink once. There you go, right? Like a good example. They sent me a check for like 17 bucks. Right, that's a product of a class action lawsuit.
Starting point is 00:07:50 You weren't there, you didn't have your lawyer there, you know, fighting for your $17 claim. That's not what happened. Wouldn't have been economical. I think it was sent to me without me asking. Right, yeah. I don't think I cashed it. Yeah, I mean, and I'm sure many people in the audience have,
Starting point is 00:08:03 I mean, almost everybody has gotten some sort of class action notice for something. But the idea is that in order to do that, there's a whole process plaintiffs' lawyers have to go through to certify the class, to get the right to represent all these people who aren't in court. They basically have to demonstrate that due process
Starting point is 00:08:19 allows it. So basically what happens is Trump says something like, from now on, if you're a man, you can't go into a woman's prison. And then two trans people file a suit. And a lower court, district court judge just says, from now on, all men everywhere are allowed to go into a woman's prison.
Starting point is 00:08:38 Yeah, that doesn't work. Not unless he certifies a class first. But so this was before. And so what ends up happening is you get this argument that, wait, wait, wait, wait, but all men everywhere did not sue when they're not part of the same group. It is these two specific male individuals. And so they put a universal injunction on Trump's policy,
Starting point is 00:08:57 and then they keep putting men in women's prison. Or another example would be the Trump saying trans people that are exhibiting symptoms will be discharged. I think it was a medical discharge, or I'm not sure if it was other than honorable or something. And Trump's executive order was, if you are diagnosed with gender dysphoria, but not exhibiting symptoms, you're fine.
Starting point is 00:09:21 You can stay in the military. But if you are exhibiting symptoms, meaning you're trying to dress like the opposite sex, or you're undergoing surgery or medical treatment, you can stay in the military, but if you are exhibiting symptoms, meaning you're trying to dress like the opposite sex or you're undergoing surgery or medical treatment, you're out. Like three people sued, and then a judge said, literally anyone suffering from any, literally anyone for any reason must be allowed to enlist
Starting point is 00:09:41 in the judge's ruling saying, all means all, which was the most psychotic thing I've ever heard. And the joke that emerged on X was that a bipolar paraplegic now must be allowed to enlist in, you know, for infant con, I'm sorry, for combat infantry. There you go. Yeah. So that's a, that's a situation where it would be tricky to certify a class because on the one hand, you could say that the question they have in common is whether the administration can do this at all, whether the administration can put in place
Starting point is 00:10:12 any kind of rule. But then on the other hand, if you come to the conclusion that the administration had some leeway here, then the question is how does any one individual, is any one individual symptoms identical to anybody else's? And then that creates a question of whether it's difficult to hold everybody together in a class, because to hold everybody in a class,
Starting point is 00:10:30 generally people have to be injured in the same way and suffering the same damages and have the same, and don't have individualized facts that make them different from everybody else. Have there ever been a class action suit involving like an actual protected class? Like a race? There's racial discrimination class actions.
Starting point is 00:10:48 You can certify a class of, I mean, a good example of this would be, I think, you know, there were class actions in the 50s when, say, you know, a school was saying no black students. That would be a good example. Like then all the African-American students could say, or somebody, an African-American plaintiff could say, I want to represent a class of all African African American students could say, or somebody, an African American plaintiff could say, I wanna represent a class of all African American students.
Starting point is 00:11:08 We're all injured in the exact same way. We're just not allowed to enroll in the school because of this discrimination. You should certify us as a class and grant an injunction forcing them to admit all black Americans. So you foresee if the Supreme Court says, yeah, you can't just, one judge can't just say no. And it's illegal everywhere, Trump.
Starting point is 00:11:26 You can't ever do it. You see more class actions now arising? And I think there will be a class action in the birthright. I mean, as we've said, there's already been some class actions filed. My guess is that a class action will get certified in the birthright citizenship case, because this is a circumstance where the injury is, if you,
Starting point is 00:11:42 in fact, is the same, right? It's parents who are legal aliens not able to grant citizenship to their children here. And that's basically the, if you, in fact, is the same, right? It's parents who are legal aliens not able to grant citizenship to their children here. And it's basically the, you know, you resolve it for one, you resolve it for everybody in the same way. I think the Republicans have a tremendous opportunity here on the birthright citizenship question
Starting point is 00:11:56 in that they can set this argument up so that any way you cut it, either you end birthright citizenship or you end abortion. I mean, that's an interesting point too, right? Because I think the way that they want to certify this class is going to include people not yet born. Exactly.
Starting point is 00:12:11 And so if they can be legitimate plaintiffs, then it's very likely to be abortion. The ACO has already made the argument, citing a woman whose father is not a citizen and who is unborn and concerns over whether citizenship will be granted. But hold on there, gosh darn minute. You're arguing for the rights of an unborn.
Starting point is 00:12:30 Well, then we got to ask about any, all the other rights. So the Republicans, the Republicans could theoretically, or I should say the Trump administration could theoretically set an argument up where Democrats either have to argue logic in such a way that if they win, then abortion will be illegal. I'm sorry, will be illegal. Well, I think the logic follows because it's hard to say that if an unborn person has standing
Starting point is 00:13:00 and can be essentially a member of a class, then why couldn't an unborn person have the protection of the 14th Amendment? They'd have to make it the, like, it'll be interesting to see how the Democrats argue this, or the liberals, that they're gonna say, members of our class are those who have just been born. Right?
Starting point is 00:13:20 Yeah. But it also- I think that I actually read what the lawsuit did, and I think it's both born and unborn, right? Right, I think it is unborn. In which case instantly the Trump administration need only argue, ask the question, okay, can you kill the unborn?
Starting point is 00:13:35 Yes. Yes, okay, well then what rights have you at all? Yeah, no, I mean, if I were in their shoes, I'd still contest it to try and make it so that it actually, you know, creates a, leads to an opinion based on a contested argument. And if you get a holding, you know, if they decide to hold that, yes, unborn members, unborn humans can be members of a class and that's a very challenging to keep abortion legal. Let's pull this up. We have this from the Sun, New York Sun ACLU files class action
Starting point is 00:14:00 to bypass Supreme Court decision on birthright citizenship. They say, nope, actually they say nothing, we get a fast source. Because it's paywall. It's paywall. Groups opposed to Trump's executive order limiting birthright citizenship are attempting to find new avenues to block it. So as we were just, we were discussing
Starting point is 00:14:16 in the previous segment, basically they've made an argument for the unborn here, which sets them up in a really interesting position in that many conservatives are already saying, how can you argue for the rights for the unborn here, which sets them up in a really interesting position, and that many conservatives are already saying, how can you argue for the rights of the unborn while simultaneously arguing that they can be killed whenever the mother decides? I think the same thing I said just a few seconds ago.
Starting point is 00:14:38 You can't. You can't, and be consistent at all. Yeah, totally agree. My personal take on this, which is not no one asked, but it's that I think the baby should be treated as the mother until the baby is born of the mother and then no longer attached to the mother. If the mother is illegally here,
Starting point is 00:14:54 then the baby's illegally here. So Ian, are you saying if a mother wants to have an abortion, she has to commit suicide? No, I hope that didn't translate like that. Let's read it, they say, exploiting a possible loophole in a Supreme Court decision, I love how they wrote that. Not a loophole.
Starting point is 00:15:06 That limits sweeping, this is insane. Exploiting a loophole against Trump's executive orders, the American Civil Liberties Union, oh, they're saying that ACLU is doing it, are now following a class action against the president's plan to restrict birthright citizenship. The lawsuit charges that the Trump administration
Starting point is 00:15:21 is flouting the Constitution, congressional intent, and longstanding Supreme Court precedent and requests an emergency restraining order. The case is filed in the US District Court in New Hampshire on behalf of a proposed class of babies, subject to the executive order. Every court to have looked at the cruel order agrees that is unconstitutional.
Starting point is 00:15:40 The Deputy Director of the ACLU's Immigrant Rights Project, Cody Wafse, says in a press release, the Supreme Court's decision did not remotely suggest otherwise and we are fighting to make sure President Trump cannot trample on the citizenship rights of a single child. So here's what's interesting. Do you know if the actual filing is publicly available? Let me see if I can find it. I think it is.
Starting point is 00:16:02 I assume the ACLU put it out there. Because I'm wondering what their class is going to be. Because what if Trump just says, what's that your class in this class action are going to be babies potentially subject to the termination of birthright citizenship? Okay, I'm gonna revoke citizenship from 12 year olds, toddlers.
Starting point is 00:16:20 Like what is the qualification gonna be for class? And can Trump simply say, okay, I'll concede that one. we're fighting that one. I'll I'll target to and up. Yeah It's tough to you know specify a class when you're dealing with You know every single person that's in you know possibly here as an illegal immigrant you can't you can't just say oh well I got it good. I'll send you this every one of an age like every single human of a certain age Yeah, I mean you it's tough. It's tough thing to base it by just age like that, you know, you can't say oh everyone That is a citizen or everyone that's that's you know under X age is a class But then once they're over that age, they're not when the context is immigration because either you know, they're either illegal
Starting point is 00:17:07 Immigrants or they're not you know, they're or they're not. When the context is immigration, because they're either illegal immigrants or they're not. Or their birthright citizenship is in question or it's not because of their, the condition of their birth. You know? Yeah. All right, let's pull this up. Let's see what we got going on over on page nine. Where are we at?
Starting point is 00:17:22 So here we go. And this is where it specifies the class. With the proposed class. Proposed class. Let's see, the class representative plaintiffs, which section of me, 42? Yeah. Seeks represent the following proposed class,
Starting point is 00:17:37 all current and future persons who are born on or after February 2025, where the person's mother was unlawfully present in the US and the person's father was not a US citizen or lawful permanent resident at the time of said person's birth, or the person's mother's presence in the US was lawful but temporary, and the person's father was not a US citizen or lawful permanent resident at the time of said person's birth, as well as the parents, including expectant
Starting point is 00:18:01 parents of those persons. Is that a little broad? I mean, I think it makes it, it reflects the arguments being made by the executive order, right? Basically the executive order says, if you're not the child of a citizen or a legal permanent resident, then you're not, then you don't get citizenship. And so this class, I think, is properly worded in the sense that it's just covering everybody born after the day the executive order was issued
Starting point is 00:18:28 who is not the child, who was born in the territory of the United States but not the child of a citizen or legal person. No, no, no, let me see. It says all current and future persons who were born on or after. That's an interesting question there. What about somebody who would have been born
Starting point is 00:18:46 in on say, February 21st? So well- I mean, then it's, I mean, as to them, it would be me. So as of the argument right now, what if there is, so here's an issue I have with this. There are currently future persons that would be part of this class who may just be aborted. Well, even if just be aborted. Mm-hmm.
Starting point is 00:19:06 Well, even if they are aborted, that doesn't change the ability of this to potentially grant relief, right? It would just be moot as to them because they're not, they're not in a position to claim or not claim. But there's a challenge here I see in that when we look at the three fifths compromise, let's go back to Civil War, right? The southern the south, the southern democrats were basically saying slaves should
Starting point is 00:19:34 get a vote. And the north said what? These people have no volition unto themselves. They're slaves, they can't vote. And so they compromised. They said, we'll tell you what it's not even that they said slave should vote. It's that we should get more representation in Congress based on non-voting slaves. Yeah. I thought they wanted them to vote.
Starting point is 00:19:49 No, no, no, no, no. That's not the three of us. Three of us compromise is we should get total, we should get credit for our slave population in terms of- Towards congressional apportionment. Yes. So, I stand corrected. My argument still, however,
Starting point is 00:20:03 is that if you were to make an argument to the government that we should be granted something based on this class of persons, who by the way we can kill whenever we want? It's kind of like, hold on there a minute. Well then they don't have personal rights. Why should the government grant anything to this class if, say it was just like a single woman,
Starting point is 00:20:27 let's say 10 women, they go before the judge and they're all pregnant and they say, we demand the rights of our babies be protected and we are filing on their behalf because they can't represent themselves. And the court then says, agreed. Then they go, okay, now we're gonna go board them all. And they won't exist to receive relief.
Starting point is 00:20:45 This, there's a problem here. The idea that you can kill who you are representing, I think presents a problem in law. But this seems to only affect people that are already all born. It says future persons after February, 2025. All current and future. No, it includes the unborn.
Starting point is 00:21:01 Who are born on- It includes not just unborn, but literally a non-existent. Oh, right. It includes people who don't even exist. It includes people who are not yet conceived. Yes, correct. Mentally and physically.
Starting point is 00:21:13 So let's say a woman right now is one week pregnant. Let's say she's six weeks. She just found out. That life in her is represented before the United States government for relief. And then as soon as the relief is granted to that person, can, wait, wait, hold on, hold on. Wait, wait, wait, wait, wait, wait, wait, wait, wait, wait.
Starting point is 00:21:37 Will, can non-persons seek relief before a court? Can they have standing on anything? No. Well, then what the is going on? It's the word person, but it's also. I think that actually is the real argument here. I think the real argument is that this class, I didn't really think about this hard,
Starting point is 00:21:52 but I think this class has to fail because I don't think non-persons can be, I don't think non-persons can be. Get a dog? Sue? Dogs? Yeah. A dog is not a person. Dog can't be a member of a class.
Starting point is 00:22:02 And a baby gets personhood upon birth, as far as like capital P, legal personhood. Yeah, and that's part of the reason why it's okay to abort a baby. A dog can't sue, there are criminal laws against animal cruelty, but a dog cannot sue for like a tort, right, for being assaulted. And you get money damages from his owner. That's not a thing.
Starting point is 00:22:23 Could you file a class action suit on behalf of all pit bulls? No, you couldn't. No. So why do they use the lowercase P in the word person here? Because there's the uppercase P, which I see in legal documents indicating this is the legal definition of the word person. And then you see the lowercase P just generally talking
Starting point is 00:22:38 about people. Well, is that, I mean, generally when something is in uppercase, it's a, it's a defined term within that brief, right? Like, so class representative plaintiffs would have a meaning for the person in the brief and proposed class, you'll see that in caps. So when they later say proposed caps class rather, they're referring back to the same thing.
Starting point is 00:22:57 This is pretty funny that they literally said future persons because as you've stated already, this is somewhat like there's this, there's a guy and he's got his gametes and there's one with their gametes. They've not yet met, but there's a future person at some point who has legal standing despite not even being conceived of.
Starting point is 00:23:18 Yeah, I've never seen them before. And I think, I think that, you know, I didn't used to think that cause I thought, oh, well everybody's injuries kind of the same, but if they're assuming on behalf of the children and not think that, you know, I didn't used to think that because I thought, oh, well, everybody's injuries kind of the same, but if they're suing on behalf of the children and not the parents, so the parents are the exist, you know. The only legal issue I suppose they could state
Starting point is 00:23:34 with this class action then is if the court rules in favor of the class minus potential people, it would only be grandfathering those in now. Yeah. And Trump could then go after, they'd have to sue every time Trump tried to challenge birthright citizenship. Maybe, but eventually it would get
Starting point is 00:23:52 to the Supreme Court probably. I mean, and if the Supreme Court ruled, then it would, you know. Depending on the question asked of the Supreme Court. Yeah, right, right, right, I don't know. It's tricky, but it does actually mean that it's very, very tricky for a district court judge to grant full, you know, grant class-wide relief here.
Starting point is 00:24:08 That's what I'm saying. The Trump admin can, what if they come out and they go to the court and say, we concede future persons, future persons are a class that exists? That's all we wanted to say, thank you and have a nice day. And that means the unborn are legal persons. I mean, I'm not sure that works because it's not one of those.
Starting point is 00:24:26 It's not one of those things that might be conceitable in the sense that the judges just might not allow it. Right. Like they have they have their own rules. I'm kidding. I'm saying if the Trump admin came out publicly and said, we agree that future persons have legal standing. ACLU, your move. And they'd be like, oh, yeah, they're not. Well, it's more like the planned parenthood. People would call up the ACLU, Flair's And they'd be like, they're not people. Well, it's more like the Planned Parenthood people
Starting point is 00:24:46 would call up the ACLU furs furiously and be like, drop the case. I'm surprised they're not already on the phone with them. Send emails, furious. But even if future persons was meant to apply to only those future persons, they could have just said, all who were born on February 20th or after.
Starting point is 00:25:07 No, that's still the same argument, whether they said future persons or not. But what they're basically saying is, even if their argument was just, there is a baby just at three months who we want as part of this class, they're arguing that they have legal rights to be represented for.
Starting point is 00:25:25 If that's the case, right now, every pro-life group should try and represent the exact same class of people and say, we believe that all current and future persons are, should have their lives protected under the law as any other persons. And if future persons is such a class, you cannot kill them. Oh, could you imagine if they were like, if people started saying future persons are a class
Starting point is 00:25:50 and then a woman who wants to get pregnant gets attacked or murdered, they'll be like, it was a double murder for the potential possible kid she might've had. I mean, can you imagine that rabbit hole? We can't allow that. A guy walks up and says, we actually had planned to conceive a baby in a week.
Starting point is 00:26:05 So a future person was killed. You know, from this point, like there's already incongruity with the personhood of unborn babies when it comes to, you know, if you murder the mother, and you can be charged with double murder, but it's not an actual life until it's born, or it doesn't have any rights until it's born or the mother can kill it until it's born. So I think that this is this is probably going to be something that'll that'll at least coincide with those kind of issues, you know. Right. I'm enjoying the sheer absurdity of where we are. Well, it's already ridiculous. I'm just saying like, they lost.
Starting point is 00:26:43 Okay, like this is it.. They've either lost birthright citizenship or they've lost abortion. Is this, I don't know what exactly Trump did, what the administration did that they're trying to push back against. They said that people that are born here to immigrant parents or illegal immigrant parents, they're not American citizens if they're born in the US,
Starting point is 00:27:02 if their parents are here illegally. Retroactively? So if your parents are illegal, right, and if they're born in the US, if their parents are here illegally. Retroactively? So if your parents are illegal, right? And then you're born here, so people call that anchor baby, you're born here. Those people are considered citizens because they're born inside the United States. The argument the Trump administration is making
Starting point is 00:27:17 is that those parents, because they're not illegal, or because they are illegal, the child is not subject to the jurisdiction thereof. That's the key clause in the 14th Amendment that prevents basically anchor babies, right? The whole point of the 14th Amendment was to make sure that slaves and children of slaves were considered citizens. It was never intended to make sure that anyone that could get to the shores of the United
Starting point is 00:27:41 States and have a baby meant that that child would be a citizen. So would this retroactively take away citizenship from kids that have already been born, or is this just any kids after a family? I think it's perspective. I think it's only operative on people born after the date of the executive order. February 20th, 25th?
Starting point is 00:28:01 That's why the class is only including people born after February 20th. Soth. That's why the class is only including people born after February 20th. So it's basically got two, there's two circumstances in which you will not be a citizen. When the mother was unlawfully present in the US and the father was neither a US citizen nor lawful permanent resident when the person was born. When the mother was in the US in a temporary status,
Starting point is 00:28:19 just student visa, work visa, tourist visa, under the visa waiver program, and the father was neither a US citizen nor lawful permanent resident when the person was born So it says that these provisions are only effective for people born 30 days or more after the date of the order It would have it would have only applied to children born beginning February 19th Mm-hmm, so he signed that right when he got into office on the January 20th Yeah, it was one of the first executive orders he signed. It was like the- And he's right.
Starting point is 00:28:46 I think so. I think it makes a lot of sense, man. Like someone come here, visit and have a kid. That kid's not a US citizen. You don't just get to come walk across the border. This is very normal across the world. Like there's birthright citizenship. We are kind of an anomaly.
Starting point is 00:29:00 Like this is, you know, this is the rule for citizenship in most countries. They, most, so I think it's around like 40% of countries of the world have what liberals will call birthright citizenship in an effort to defend, but they actually have restrictions like you can't just show up and have a kid and you're a citizen,
Starting point is 00:29:18 but typically countries confer citizenship upon you when you're born because your parents are citizens or you are qualified or something. And then what you end up getting is these liberal organizations in the US say, see, they have birthright citizenship. And you're like, yeah, except for all these things that exclude people who are just there as tourists
Starting point is 00:29:35 or they're illegally, things like that. Yeah, to be honest with you, I don't know, I don't have a sense of how the court is actually gonna come down on the, you know, the anchor maybe essentially argument. I genuinely hope that it is, there's something that clears this up because if you go by original intent,
Starting point is 00:29:56 which not saying that the SCOTUS is gonna go by original intent or that the whole SCOTUS goes by original intent, but if you go by original intent, like I said earlier, the idea that you could just come here and have a child on the shore, you know, when you just arrived and that child becomes a citizen, and that means that you and your spouse
Starting point is 00:30:16 and then under current law, your entire extended family get preferential treatment when it comes to immigration, that was never intended. That was not the intent at all. Yeah, if a mom, if like a woman in 1812 landed on a boat on the western coast of California with a baby or then gave birth to a baby and like walked into town with it and she spoke Spanish, no one's going to treat those people like citizens. Like that's insane. They're de facto not citizens to the country. If they don't speak the language and they're foreign and it doesn't matter where the kid was born,
Starting point is 00:30:46 even though maybe legally she could argue for it, but if she doesn't have documentation, how's she gonna argue that the baby was even born here? Like- My favorite circumstance that I'd love to hear the Supreme Court answer is, if it is true, I bet this will come up when they actually argue birthright citizenship.
Starting point is 00:31:02 If it is true that anyone born here, for any reason, at any point, is a citizen, what's to stop a Chinese woman, proud member of the Communist Party, coming to the United States on a three-month tourist visa, just about six months pregnant, right before she leaves, she gives birth, and the baby is granted US citizenship,
Starting point is 00:31:22 but a day later flies back to Beijing where the child is raised as a super soldier in the Chinese Communist Army's people, people public. Was it the PRC or sorry? What is it called? The PR. People's Republican Army. Yeah, the PRA or whatever.
Starting point is 00:31:37 I'm not sure. This kid is indoctrinated. He is captain communist China. And then at 20 years old, they say you're an American citizen because you were born there albeit you were there for only one day we're gonna send you back to America run for president to run for president well he comes here and he said and he doesn't speak any English 15 years of study and training in the United States regularly reporting back to the CCP he says I can now run for president and the CCP, we have unlimited resources
Starting point is 00:32:05 to fund your campaign. Yeah, it's a loophole. Airplanes didn't exist when they wrote the law. If they had, they definitely would have thought about that aspect of the danger of immigration. Yeah, no, no, no. And everything up to the whole plot of the person becoming president, I mean, anchor babies happen.
Starting point is 00:32:21 That happens. That's a thing. It's a real phenomenon. Hey, we should make a short film where this happens. It's like the Manchurian campaign. Yes, exactly. The real president. The lawful Manchurian campaign.
Starting point is 00:32:31 It'll be this guy, he comes here at 20. Because he's a US citizen, but he's never set foot here. He was trained by an enemy nation. And then he starts adopting all of these. Like, he trains his accent. He adopts a bunch of left-wing policies and then he runs and then when he wins he starts eroding the national security of the country, giving away secrets to China and then China attacks and blows up a bunch of industrial control
Starting point is 00:32:56 systems, totally disabling the United States and their ability to wage war. Can you do a Chinese accent? You should believe you should play the lead. No, no, no. He's not allowed. Oh, he's not allowed? Why? Because he's a white man. Oh, wow. That's part of the funniness of it. Only I'm allowed.
Starting point is 00:33:11 Yeah, Tim has to be the lead. Because I'm Korean. He's got to be a Chinese guy. I'm Korean. That'll play. And then I'll be the angry white guy. The question that I have, though, is, you know, my daughter is only 12.5% Asian. You know, I think she should be allowed
Starting point is 00:33:25 to do an Asian accent. Oh, she will. It'll be a good one too. You'll be shocked. She's gonna follow you around. Asian octaroon, is that how that works? Yeah, no, there's a word for it. I don't know what it is.
Starting point is 00:33:40 This is coming up. There's hapas, that's your half. Hapa is quarter and then, I don't know, octapa. That is coming. There's hapas, that's your half. Hapa is quarter and then, I don't know, octapa. Octapa, that's good. This is, I feel like this anchor baby thing is coming to a head big time right now. This is something that we really need to deal with at the Supreme Court level, I think.
Starting point is 00:33:54 Is it, I mean, is there, other than a Supreme Court decision, is there a? Well, there's already a Supreme Court precedent that said it was true. That if you're- No, that's wonky, Mark. That decision doesn't hold that. It holds that children of legal permanent residents Ah get citizenship, but there's never been a holding on birthright citizenship for the children of illegal aliens
Starting point is 00:34:11 So I I question because I actually don't follow the jurisdiction. Sorry. I think no one should get citizenship. No one if you're I disagree No, no one no one. I disagree with everyone's gotta go Start over we got no no no you don't disagree, Will. Service guarantees citizenship. No, no, service doesn't guarantee citizenship. Yes it does. My little three and a half year old is a citizen. She doesn't serve anybody.
Starting point is 00:34:35 She's a civilian. She throws a ball one foot and then seven. No, no, don't know what I'm talking about. She's a civilian, but she becomes a citizen once she, what is it, two years of service to the community? Two years. It's Starship Troopers. Starship Troopers, yeah, I was about to say.
Starting point is 00:34:47 So the idea was that civilians have all legal rights, but they can't vote. And then once you provide at least two years of service, you become a full-fledged citizen. I am all about restricting the franchise, so you're talking about me. I am too. We were talking about this last night.
Starting point is 00:35:01 I told you you agreed. Yes, you're right. You're right. We were talking about this last night. I told you you agreed. Yes, you're right. You're right. We were talking about this last night. You know, like, you see what happens in New York, and you're like, there's nothing wrong in New York that disenfranchising the residents wouldn't solve. What about people that buy their way into citizenship?
Starting point is 00:35:17 So maybe it's service, but you're like, community service. You just need to dig holes. Well, like, what if I have a machine that can do it really fast because I had money to buy that machine? And now I get citizenship really quick service can be anything. That was the important point. What do I use technology to make my service super easy? That's fantastic. Thank you. Don't I book game the system to become two years. So if you are letting
Starting point is 00:35:37 my machine do all my work for me. So you own a business and you have staff that maintain that machine and you are paying for the maintenance of it, providing that service to the community for two years. That's more expensive than just you digging with a shovel. That is like buying citizenship. No, it isn't. If I can use technology to get my citizenship easier. Trump is literally selling $5 million.
Starting point is 00:35:57 And you don't understand. Folding green cards or something. Running your machine requires more energy than you as an individual using a shovel. But, oh, well, I'm just saying some people, maybe they gotta dig holes for their citizenship. They don't have a shovel. They have to use their hands.
Starting point is 00:36:11 This is a crazy example. I have a shovel because I could afford one. Do I, I'm kind of buying my way into an easier state of the citizenship. No, no, no, no, you're convoluting it. You'd go and apply and they'd say, we need people to dig holes. Here's a shovel.
Starting point is 00:36:24 Government supply, but then what if I'm like, why actually have an electro shovel in my shed? I don't need your shovel. I'm gonna do it five times faster and I don't even have to swing. You mean like with an excavator? Yeah, I'm gonna use my excavator. Okay, then they're gonna say, wow,
Starting point is 00:36:35 you're going to pay for and fuel and maintain an excavator for the community? Yeah, because it's my dad's money. Wonderful. Then now get your excavator and we thank you for doing ten times the labor of everybody else. And now I'm a citizen and I can vote. After two years, yes. And then I can, I don't know. Don't you understand about you're arguing to do more work than the average person? Well, I'm arguing that people that have a lot of money can get their
Starting point is 00:36:58 two years of work done much easier. It's not the, it's not, no, you're not pieceworking. It's the amount of time that you have to be involved in civil service. Yeah, you don't understand. You would be operating the excavator, maintaining the machinery, paying for its maintenance, fueling it, and you would have to do 10 times the work for the community than the average person with a shovel.
Starting point is 00:37:21 Or I would pay a guy to do the work for me. Nope, that's not how it works. Okay, maybe then we're talking. Cause the military service, you can would pay a guy to do the work for me. Nope, that's not how it works. Okay, maybe then we're talking. Cause the military service, you can't get a machine to do that for you. You go there, you serve, you're there with the other guys. That's not correct. In military service.
Starting point is 00:37:34 Elon Musk can be commissioned by the US government so that his machines can be used by the US government. This is literally what the military industrial complex is. We've had privateers since the days of yore when they'd go to a guy who had a battleship and they'd say, here's a letter of mark, here's money, go blow them up. Look, we don't need to make it this complicated.
Starting point is 00:37:51 We can just disenfranchise Democrats. Like I don't, we're coming up this whole rubric. I just, you know, you voted for the Democratic party. It's like, that's sufficient reason. Yeah, voting. To franchise you. I like the service citizenship. Sorry, were you gonna say something funny? Yeah, I was gonna say, you. I like to serve as citizenship. Sorry, were you going to say something funny?
Starting point is 00:38:05 Yeah, I was going to say, vote. You vote Democrat one time, and you can never vote again. Right. I like it. You're allowed to vote Democrat once. Yeah, you better make it worth your while. You better be the best Democrat ever. I like the idea of encouraging people to become civilly aware
Starting point is 00:38:19 and active to vote. And I also kind of like the idea of forcing people to become civilly aware to vote. But I don't like making people take tests to acknowledge that they understand to vote. And I don't know what sit at service actually means. So we gotta be, cause if people can't game it, you gotta watch out
Starting point is 00:38:34 cause they will, if they can, they will. What if, what if everybody gets to vote, but you get mercilessly beaten by five people after you do. So you really have to wanna vote. I think our country would go communist. I think like you'd get the really motivated people. I mean, if normies would stop voting, I think you'd get the psycho.
Starting point is 00:38:57 I think barbarians. People that feel no pain. If violence is on the table, then every, like all the rules change then. But I'm just saying like, who would actually be willing to take a beating to vote, and it would be the most ideological,
Starting point is 00:39:08 committed, crazy people? Yeah, but not commies. It'd be barbarians. You think a frail, 100-pound soaking wet, gaunt commie is gonna be able to withstand a beating? I mean, they just might not realize they'll need to. Or they might think they're up to it. That's fair. Think about all those Pr boys videos where you have like this gaunt hundred
Starting point is 00:39:28 I'm guy going up against like a guy who clearly lives getting knocked walked out like what it sounds really rational confidence It sounds like you're proposing an America where only people that are in the UFC are allowed to vote Yeah, I know. But what kind of American do you think? They're going to elect Genghis Khan. Those dudes that are balancing on swords on their corn stuff. But you could just short circuit it and just make the results of the UFC Heavyweight Championship,
Starting point is 00:39:55 the results of the presidential election. Or he gets to pick, you know? Maybe he doesn't actually get to do the running of the country or whatever, but he gets to say, that's the guy that I want. Yeah. All right. Now we're cooking. I mean, there's not a lot of people that are interested in taking beating by five people. I actually like this.
Starting point is 00:40:14 Anyone can vote, but you have to sign up for the selective service, which is optional. You know what? You know what that was actually, you know, the, it's a good description of how Israel really actually runs its country. You know what would happen? Republicans would win every election forever with that simple policy. The reason is Democrats win through ignorance. They go to someone say did you vote and they go dog? I don't know and then they're like, come on, you should vote But what would happen if the Democrats had to go to somebody was ignorant and they say do you want to vote?
Starting point is 00:40:40 They'd be like, why should I vote? We got to stop Trump. They'd be like, OK, I'll vote. Just sign up for the draft. They'd be like, no. I don't care about whatever is you're selling that much. Republicans would be like, done deal. There you go. And I'm not saying there is a draft. I'm not saying you have to serve. I'm saying selective service, which already exists.
Starting point is 00:40:58 Men and women, it'll be optional. Once you sign up, they hand you your voter card. And if you don't want to sign up, that's absolutely fine. Just you can't vote in any election. Is that literally what they do in Israel? Not quite, but it's sort of the underlying part of the rationale for why people in the West Bank, for example, don't get to vote in Israeli elections.
Starting point is 00:41:15 They're not citizens. They don't have any obligation to serve in the military. But that's also the interesting phenomenon is Israeli Arabs who have the right to vote but are not draft eligible Oh, and so and so they don't it's almost like women in America They have a right to vote but that draft eligible Yeah, but they I mean, I don't I mean I think I don't know what the deal is with Israeli Arab serving almost no Israeli Arabs serve in the military. There's there there are Israeli Druze and
Starting point is 00:41:42 Israeli Christians, I think we should think there are any Israeli Christians. I think we should. I don't think there are any Israeli Arabs. I think women shouldn't be allowed to vote until they can be drafted. I paused for dramatic effect. Look, man, I am open to any number of creative ideas to reduce the number of people in franchise. I have a feeling the draft is gonna be passe.
Starting point is 00:42:04 I think that, you know, especially in the modern world, I look at this Israel-Iran thing and I think air power is kind of overwhelming. Oh, dude, robot dogs. We were talking about this when the strikes were happening. We don't need people. Literally, seriously, the US can drop 10,000 robot dogs with full-auto rifles mounted on their backs
Starting point is 00:42:24 and they will own everything around Fordo. Even you like look at the just the way the drones are operating in the Ukraine war, right? We talked, you've talked about how you have to have a person to stand on a street corner to enforce the law or you have to have humans in an area of operation to occupy territory, you don't need to do that anymore. Honestly, drones make it, drone pilots and drones can make it so that way you actually don't need infantry
Starting point is 00:42:54 the way that you used to. Yeah, well, Iran is a really interesting case because I think people were like, oh, obviously this regime change can't possibly happen here because there are no boots on the ground or there's no like a military. And I thought about it for a second and it's like, oh, obviously this regime change can't possibly happen here because there are no boots on the ground, or there's no military. And I thought about it for a second.
Starting point is 00:43:07 And it's like, what happens if you have total air superiority and total intelligence dominance? Well, you can do what Israel was doing, which was you can just drone strike every leader of the country. Yeah, and keep drone striking them until you get someone you like. Exactly.
Starting point is 00:43:21 That's what happened with Hezbollah, right? They got Nasrallah. They got the guy who became the new leader of Hezbollah got drone striked., they got the guy who became the new leader of Hezbollah got drone-striked. I think the third guy who became the new leader of Hezbollah got drone-striked, and finally the fourth guy signs a humiliating ceasefire. I think that's sort of, eventually the guy who gets thrust into the hot seat, unwillingly, immediately calls up the Israelis and is like, what do you want? And if that's the standard, if that's how combat is conducted,
Starting point is 00:43:47 or international diplomacy, or war is conducted, you're going to need like maybe three guys deep. And like you said, the fourth guy's going to be like, ah, no, I'm changing everything. Yeah. Because I need to. What regime would you like us to have? Exactly.
Starting point is 00:44:00 So I did some quick math. Based on the size of the robot dogs, available surface area for solar panels, it's estimated that it'll take 48 hours of sunlight in order to charge it back up to full. Now that's- Is that why they're trying to block out the sun? So to control those things?
Starting point is 00:44:18 Okay, hold on. That's 48 hours of sunlight. So that means over nighttime, we're talking potentially five full days where a robot dog is inoperable, but it could reactivate in emergencies. This means that in order to have a full rotation, you're going to want to have at least seven robot dogs,
Starting point is 00:44:35 one for emergencies, that will leave you with one active robot dog at any given time in a certain area, while the rest are down charging in sunlight. I would want to get them out of there when they're offline because I think they'll get stolen if you leave them sitting around. If there are two machine gun armed robot dogs
Starting point is 00:44:54 guarding the other five at any given moment, no one's touching them. That's the point of the math I just did. If you have to leave them there, yeah. You have a full rotation where we airdrop robot dogs. The bare minimum would be about seven for one post. Now, you're likely going to want maybe 30, depending on how large the area is.
Starting point is 00:45:16 Let's say it's one building. You might need 30 of them to fully secure it. That means you're going to need 210 robot dogs to have a fully autonomous, not to mention they run out of bullets, but they could probably carry, I don't know, robot dogs could probably carry between 60 and 90 rounds, I'd imagine.
Starting point is 00:45:33 Rounds? Yeah. Ammo? I imagine they could probably carry significantly more than that. You think? Belt fed, you could put a hundred, you could put a hundred,
Starting point is 00:45:43 a hundred round belt fed machine gun on them. Absolutely. But how do they carry, I mean, you know, they're not that big. You put it, oh, they, well, they make different sizes. What about drums? Well, it could be a drum, but I'm thinking, I'm thinking just like an ammo box that's, you know,
Starting point is 00:45:57 fed right into the belt fed machine gun. The problem, honestly, the biggest problem is- How many rounds are in your standard ammo box? You usually have between, depending on the caliber between Usually it's like a hundred a hundred round drum or a hundred round belt Like the new electronic warfare attack against drones the anti drone stuff that can oh that weird big gun they got Not even a big gun. It's literally I just sent you a video as Andrews new pulse It's not even a big gun. It's literally I just sent you a video as Andrews new pulse art There was literally press a button and rolls got no no no
Starting point is 00:46:26 But there are cops they have this big plastic looking thing that looks all weird and they point it and it will pull that Up if yeah, I sent you the video over over X finally I'm not as interested in the ones that you have to point because they're gonna come from every direction you want to pulse in Every direction obviously what are you talking about? You're welcome, Palmer Lucky. A drone swarm. You're welcome for this free advertising. Thank you, sir. And this is on top of China. They just launched a mosquito drone. This is relatively new.
Starting point is 00:46:51 I think it's relatively new. About two centimeters long. It's a surveillance drone. All right, what do we got here? Oh yeah, we watched this before. Oh you did? Yeah, but we'll play it now. Palmer Lucky.
Starting point is 00:47:01 Yeah, yup. This is sick. I was just thinking about your robot dogs and I was like, this is the answer to the robot dogs. We'll put Faraday shields on. But then how do you control- ooh. No, they're autonomous. They said this is not CGI. Yeah. This is an actual physical demonstration.
Starting point is 00:47:25 Yeah. What do you do? Just watch. Look. Oh, what are you doing? You see the head? Yeah. Yeah.
Starting point is 00:47:33 Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah.
Starting point is 00:47:41 Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah. The Yeah. So sick. So I've been dreaming about this. Clarifying. They said that the blue pulse they added was the graphic, the CGI, but the drones actually falling are what is an actual demonstration.
Starting point is 00:48:39 I think just like we go through our houses and we have to clean our houses once in a while and every once in a while you get a mosquito infestation, you got to kill we go through our houses and we have to clean our houses once in a while and every once in a while you get a mosquito infestation, you gotta kill the mosquitoes, we're gonna have to do drone sweeps pretty frequently in the future where we go through like clean the area with this stuff and just because they're gonna be so small we don't even see them sometimes.
Starting point is 00:48:58 And there's a great book, a great novel called The Diamond Age, are you guys familiar with that? Neil Stephenson? I haven't read it. Oh, you'd love it. Yeah, we got another one for you, take this out. Yeah, tell me about The Diamond Age. Are any of you guys familiar with that? Neil Stephenson? I haven't read it now. Oh, you'd love it. Here, we got another one for you. Take this out. Yeah, tell me about The Diamond Age after this.
Starting point is 00:49:08 Take this out. Futuristic anti-drone weapon developed by DroneShield to counter unauthorized drone activity effectively. Weighing 15 pounds, it is optimized for two-hand operation and offers long-range defeat capabilities. This gun emits jamming frequencies that disrupt a drone's video streaming at distances of up to 1,094 yards. It possesses the ability to send the targeted drone back to its original starting point or force it to land immediately.
Starting point is 00:49:43 Its design incorporates high-performance directional antennas within a sturdy rifle-style frame, ensuring durability while maintaining a lightweight profile. There's better technology than this. Yeah, put it on a headset so you can have a gun in your hand while you're doing it. You can just fry them. But getting it, getting it,
Starting point is 00:49:59 and then being able to use it is awesome, or breaking it apart and rebuilding it. Diamond, okay, Diamond Age. What are you gonna say about the Diamond Age? Oh yeah, it's a novel by Neil Stevenson that I think anybody interested in drones should read. It's a 1995 novel, but he foresaw a future, reasonably near future world,
Starting point is 00:50:16 like maybe 100 years in advance or something, where everybody basically drones are this really, really important thing, like super small microscopic drones. And so to protect from people attacking you and just poisoning everybody with tiny mosquito-sized drones, you have your own anti-drone swarms. And so it seems pretty prescient 30 years later
Starting point is 00:50:35 with drone warfare going on in Russia. Who's the author? Neil Stevenson, wonderful science fiction author. Interesting description. Decades into our future, a stone's throw from the ancient city of Shanghai, a brilliant nanotechnologist named John. This is a different, okay, so the previews that you get from Google are a little weird.
Starting point is 00:50:55 You guys would love Neil Stevenson. You'd love his novels. He's got a Cryptonomicon, which is about cryptography in World War II. He's got a really cool action gun, but high tech novel called Ream-D. The Diamond Age or A Young Lady's Illustrated Primer is the actual title of the book. Yeah, because there's a high tech primer that you give to a young, that is adaptive,
Starting point is 00:51:24 kind of anticipating AI actually. All right. So yeah, Neil Stephenson. If you have never read Neil Stephenson, I highly recommend him. His novels are really, really interesting. I think these pulse weapons, these EMP denial weapons are going to be, the drones eventually
Starting point is 00:51:37 are going to get built in EMP shields where they don't get blown out. Is that possible? You can't shield it, you're saying? You might be able to, because, well, the question is, can the drone fly wrapped in a Faraday cage, depending on the size of the holes? And I'm not entirely sure.
Starting point is 00:51:56 So think about the diameter required for to block a microwave with a Faraday shield. I don't wanna say it out loud, but the shape of the shield will let air in to fly, and then you could have a wave propagate. The point is, the holes are really small for microwaves. So I don't know that you can create proper air flow if you've shielded the whole drone in a Faraday cage.
Starting point is 00:52:18 If you make the holes too big, the microwave wavelength pass through easily. So that's the issue. Can you really make a shield? Theoretically, you could create a reflective shield with no holes that stops the EMF from getting to certain areas, but that will restrict your own communication with it.
Starting point is 00:52:38 That's the challenge, unless they're autonomous. Oh, God. Yeah, they'd have to be autonomous. They'd have to be pre-programmed to their target. We don't need prop. We need jet. So when we start building larger drones that fly using jets,
Starting point is 00:52:55 so you can have an entire Faraday shield with intake on top and jets on the bottom, nothing's gonna get through and it's gonna fly with internal jets instead of propellers. Jets, huh? I'm not, how do you, tell me that, explain that to me. The jets, how does that work?
Starting point is 00:53:14 How would they not be affected by the shield? Or how would they? You can encase a jet. Like a jet engine? Right, so what we've seen already with dudes that fly, they have little jet engines on their hands, those little tiny engines, you could easily make drones that fly using jets
Starting point is 00:53:28 instead of propellers. Propellers require a lot more space for up and down. You need the air to be able to exhaust in a larger space, a harder shield. And if they're vacuumed out and they're lighter than the air around them or they have buoyancy, you could use ion thrusters and jets
Starting point is 00:53:42 to get them all through. Well, that's, no, we don't have those, at least as far as we can tell. No, I'm not saying we have them, I'm just saying, if you wanna bypass propellers. Ian, if you had ion propulsion drones. They would function in low orbit. That would be for the low orbit orbit. The world has, I'm gonna say, Ian,
Starting point is 00:54:00 if you right now had ion propulsion drones, you would be like a warlord. You might be. You would be the mystery that everyone seeks to solve of the vehicles that can cause planes to explode and disappear. You could really let your authoritarian freak flag fly. What I want to do is go up. I've always thought of Ian as a secret budding authoritarian. Will you just want me to be one?
Starting point is 00:54:22 It's in there. I'm trying to get through to Jeff Bezos, so get me in touch when you see him. We gotta build drones to transport materials. Basically, if we can transport materials across the globe, that's a big step towards world peace. And if we can get these drones to use propellers to get up into low orbit, and then the ion thrusters kick in and keep them there.
Starting point is 00:54:39 Propellers to low orbit? You know propellers need air, right? They move so fast, so you get the propeller to shoot them up into the sky, and using the momentum into the low orbit, you get thellers need air. Well, they move so fast, so you get the propeller to shoot them up into the sky and using the momentum into the low orbit, you get the ion thruster to keep them from going too far and then guide them and then bring them back down and their propellers kick back on. Stick with me for a second here. What if you just used a rocket? You know.
Starting point is 00:54:57 You need liquid fuel. Well, you don't need liquid. No, solid. Yeah, rockets use solid fuel. Fuel. You need fuel. Solid fuel. Which is heavy, which is heavy
Starting point is 00:55:05 But maybe doesn't have to be maybe it could be hydrogen. Maybe it's lighter than the air around it. I don't know So hydra shot makes with side so it's heavy Do you do know how orbit works right like the reason why it's so hard to achieve You don't just go up to get orbit. You have to go out and across and travel faster directionally than you're falling. Yeah, slingshot them up, use the propeller to kind of push it, if you need propellers. You don't really need it.
Starting point is 00:55:35 You slingshot it there and then all you need is just. Thrust it back, ion push it back down. You need substantially less thrust, but then you could. You gotta make sure that it doesn't crash. So if you wanna bring it back down, like if you wanna get up and then back down Sling shot and then you know glider. Do you know what the super low energy is?
Starting point is 00:55:50 What's that? Do you know what the escape velocity is? Oh 25,000 miles an hour 25,000 20 miles an hour So if you are moving 25,000 miles 25,000 500 miles an hour You can escape Earth's gravity for what, is that one Newton of mass or something? No, that's the speed that whatever, however much mass it is, that mass has to be traveling at 25,020 miles an hour. So that's why, you know, a lot of-
Starting point is 00:56:15 Man, if you wanna plan with no atmosphere, how do you, you need- You need to have your own oxygen to burn your fuel. You need internal thrust. Yeah, because on Earth we fly by, we push air down at enough force to lift us up. Well for propellers, yeah. Right, or jets. But for outer space where there's no atmosphere, you're just in a vacuum, you need internal thrust. Yeah, you need rockets. You couldn't do it with propellers, because the propellers push on air.
Starting point is 00:56:48 Exactly. Right. You can use ion thrusters, but they're very slow in space. And they're also not real. Do ion thrusters exist? They are real. Oh, they don't. You can't use ion thrusters, because they don't exist. Yeah, they're not real.
Starting point is 00:57:00 You're saying no ion thrusters exist? I don't think that's true. That's an EM drive. That's not an ion thruster. No, and you're thinking of a twin ion engine type spacecraft? Is that what you're thinking of? Oh wait, is this real? Okay, nevermind, this is a real thing.
Starting point is 00:57:14 Okay, sorry, I was too arrogant. We were all dumb and Ian was smart though. Ian, Ian, yeah, I should have known. My whole life, dude, that's been my whole life, Tim. Yeah, they use them in space. Should we get back to politics? Absolutely, but the value of these is fun, it's Friday. Yeah, they use them in space. Should we get back to politics? Absolutely, but the value of these is fun.
Starting point is 00:57:27 It's Friday. Yeah, I don't know how good my contributions are on rocket science. No, no, this one's good. This one's good. OK, we got the story from Hewn Events. Oh, this is awesome. Libby Emmons writes, Katanji Brown Jackson's DEI is showing in her dissent against nationwide injunctions.
Starting point is 00:57:42 She writes, just as Amy Coney Barrett delivered the opinion of the Supreme Court on Friday, opposing the concept of nationwide injunctions. She writes, just as Amy Coney Barrett delivered the opinion of the Supreme Court on Friday, opposing the concept of nationwide injunctions, those decisions that a judge makes in one case, in one state, that then applied to countless standing and potential cases across the United States. Justice Katanji Brown Jackson offered a dissent, but in so doing, quote,
Starting point is 00:57:59 is at odds with more than two centuries worth of precedent. You know, Marbury versus Madison, right? The very first case that established the notion of judicial review. That was a case in which Chief Justice Marshall said that what Thomas Jefferson did was unlawful, but the court did not have the jurisdiction to force him to change his action.
Starting point is 00:58:20 Wow. Like the concept that the judicial branch cannot remedy Every example of executive branch lawlessness has been in the Constitution Since the notion of judicial review was enshrined in our law. So that's what that means Here's a Amy Coney Barrett for the from the top rope. She basically says KBJ here You're so stupid your opinion isn't worth addressing or wasting ink on refuting.
Starting point is 00:58:47 She says, we will not dwell on Justice Jackson's argument, which is at odds with more than two centuries worth of precedent, not to mention the Constitution itself. We observe only this, Justice Jackson decries an imperial executive while embracing an imperial judiciary. In other words, she very politely said, girl, you dumb. How did you pass the bar?
Starting point is 00:59:10 Insane. The bar is easy. I mean, how did she pass? Clearly. Sorry to everybody who's failed the bar. You should have passed. I got to give this shout out to Jack Posobic, who posted, this dissent is completely unreal. Let me read it for you.
Starting point is 00:59:24 Okay. It says, it's supposed, it's a joke. This is the joke dissent from Jackson who writes, I dissent with unyielding indignation from the majority's acquiescence to the petitioner's counsel's outrageous inquiry into my mourning repast during oral arguments. A question, how would your honor feel if you didn't have breakfast this morning that is wholly devoid of legal relevance and constitutes an egregious affront to the dignity of this court.
Starting point is 00:59:50 Such an impertinent question, lacking any nexus to the multitudinous constitutional issues before us, threatens to erode the independence of this tribunal by subjecting justices to trivial interrogatories better suited to a morning talk show than a court of law. In fact, I had already stated that I had eaten a full breakfast. justices to trivial interrogatories better suited to a morning talk show than a court of law. In fact, I had already stated that I had eaten a full breakfast. I would hold that such questions do nothing to serve our democracy. And I admonish all litigants to refrain from such inquiries on pain of sanctions, preserving the sanctity of this court's proceedings from the specter of any breakfast related for
Starting point is 01:00:21 volatile. Before coherent legal reasoning, then was President Jackson's dissent. Now hold on, hold on. Jack Basobik said this dissent is completely unreal. Truth. That's the truth. And he got fact checked by lead stories that said his meme mocking Katanji Brown Jackson
Starting point is 01:00:38 was fake news. Literally said it was. He said it was literally unreal. Unreal. Amazing. What was her actual dissent? Is it concise enough to read? Oh, how about this?
Starting point is 01:00:47 No, it's not. She said, the Trump administration is both power hungry and lawless. What are you talking about, Ian? The majority sees a power grab, but not by a presumably lawless executive choosing to act in a manner that flouts the plain text of the Constitution. Instead, the majority, the power hungry actors
Starting point is 01:01:03 are the district courts. District courts, however, have been acting with impunity under the Trump administration, both in this term and his first, by relentlessly blocking administrative prerogatives across the country based on the perceived merits of just one case. She basically says that Trump is power-hungry and lawless and believes that gives her the authority and the district courts to have power over the executive branch, which is just plum nuts. And then it was Amy Coney Barrett that was like, this is just plum nuts. And you're saying she was referencing the 220 year?
Starting point is 01:01:32 Yeah. This paragraph right there is- Brutal. It is as insulting as insults could get for a Supreme Court justice. And they never do this. And the key thing to understand, this isn't just Justice Barrett.
Starting point is 01:01:43 Six justices signed this. And this doesn't happen. I mean, if you actually read. It odds with the Constitution itself. Well, justice, the reason they're being this sharp with her, which is normally the court tries to be at least collegial in public, the reason they're being this sharp with her
Starting point is 01:01:59 is because her dissent is obnoxious. Like, there's a point in her dissent where she's using wait for it. I don't know if you saw this. Oh, no, full stop. Like, there's a point in her dissent where she's like using wait for it. I don't know if you saw this. Oh, no, full stop. Yeah, full stop. She actually wrote full stop. Yeah.
Starting point is 01:02:10 Like, she wrote a blog for a feminist zine. It's nuts. And I mean, let's find the entirely unprofessional. While you're looking, just so you guys know, Justice Kajenti Brown Jackson has spoken more words during oral argument than any other Supreme Court justice in the 22, 23 term. According to analysis by Adam Feldman, she spoke a total of 36,500 words, which
Starting point is 01:02:29 is 12,000 more than the next most talkative justice, Elena Kagan, and almost 30,000 more words than the justice with the few- the fewest words, Clarice Thomas. 30,000 more words. She's not a precise legal thinker. It's really that simple. I mean, you start with- I pulled up her dissent, and the first paragraph is this. I write separately to emphasize a key conceptual point. The court's decision to permit the executive to violate the Constitution with respect to anyone who has not
Starting point is 01:02:56 yet sued is an existential threat to the rule of law. Unbelievable. That's just wrong. Yes. It's wrong, right? Yes. Like, the whole, the way that the judicial power works is it only extends to cases and controversies.
Starting point is 01:03:11 This is a repudiation of the entire body of the law of standing in the Supreme Court. And it's the first paragraph of her dissent. Where do I find the dissent? We're going to pull it out. So I pulled it out. I sent it to you over X. Oh, OK, OK.
Starting point is 01:03:24 But you have to scroll down. I don't know what page this is exactly, but it's the last. You have to scroll all the way down to the bottom, because it's the last opinion. And it's at the beginning of it. Look, I mean, it shouldn't be a shock. She refused to, or she says that she cannot identify what a woman is when she had her hearing.
Starting point is 01:03:41 She specifically said, I'm not a biologist. She said, I can't identify what a woman is. She's ideologically possessed. Her opinions have nothing to do with any of the actual, you know, the, what's it called, the, what's being presented to the court. Her first paragraph, or which paragraph is it? It's literally the first,
Starting point is 01:04:01 it's the very first paragraph of the dissent. I agree with every word of Justice Sotomayor's dissent. I write separately to emphasize a key conceptual point. The court's decision to permit the executive to violate the constitution with respect to anyone who has not yet sued, is an existential threat to the rule of law. But you're saying that the court... That is judicial supremacy, because what that's saying is not, the point of standing is to cabin the power of the court to cases and controversy. I see so if the executive
Starting point is 01:04:28 violates the Constitution then they will be charged and it will come to the court the court itself doesn't jump in and stop them. The court is going around looking for constitutional violations to remedy. The presumption she's making is is that we know before the court case happened that Trump violated the Constitution. Right, but it's up to the legal system to decide that and then the judge has to make an impartial decision. And grant relief to the parties in question, not to the rule. Not to non-parties. But yes, but I would phrase it not to dictate edict, not to declare that law is as we decided for the nation. Laws are decided by the legislative,
Starting point is 01:05:11 enforced by the executive, interpreted by the judges. What she's writing is that, no, no, before even hearing the case, we know and we can determine for the nation how they must operate. I want to hear the rest of it. I know it's probably long winded. I'll read it. She can check. It's, what is it, 20, 21 pages? We don't have to read the whole thing, but we can continue reading like this first page. Here's the listen to this. Stated simply, what it means to have a system of government
Starting point is 01:05:43 that is bounded by law is that everyone is constrained by law, no exceptions. And for that to actually happen, courts must have the power to order everyone, including the executive, to follow the law full stop. Unreal. Un-real. Except that that violates the law of the constitution
Starting point is 01:06:01 and passed by Congress constraining the jurisdiction of the court. What is the legal definition of full stop? I'm not familiar with this one in like. Not a technical term. It's like writing period and then putting a period. No, it's not a technical term. It's not in the dictionary near like mens rea.
Starting point is 01:06:15 Full stop. That's like old phono, not phonograph. Yeah, it's a feminist scene. It's the Supreme Court version of like. Yeah, this is why. Telegraph, it was like telegraph text. I can only imagine what these discussions were like in conference where Justice Jackson's putting this out there
Starting point is 01:06:30 and the rest of the justices are like, what are you talking about? Like, have you read any of our standing opinions? Will, have you ever had a conversation with Ian? Wait, here, fill me in on something. What's the joke? I wouldn't say that about you, Ian. Well, maybe it's my fault for bringing the ire
Starting point is 01:06:49 because I'm just thinking about like, can she be fired? Can she be voted out? Impeached. She can be impeached? Literally, judges can be impeached for what exactly? I think we should investigate our citizenship and denaturalize and deport. I mean, if you can literally impeach a judge
Starting point is 01:07:02 for going haywire, 50, I was telling you guys before the show, 50 years of this woman, and I don't even know her, but 50 years of this kind of piss poor dissent is bad, is not good. People should realize this is a real threat because this theory of judicial supremacy, this is the law in Israel. That's something I don't know most people understand, but like that's actually- So you're saying that Katanji Brian Jackson is pro-israel. She's pro-israel She's pro-israel students. She's so basically pro-israel. Yeah, everyone hear that. She's pro-israel You say in Israel that the courts can what arrest the president for courts can Issue advisory opinions. They can reverse any governmental decision if they deem that decision to be unreasonable they can reverse any governmental decision if they deem that decision to be unreasonable.
Starting point is 01:07:46 How's that defined? However the court defines it. So they're the most powerful entity in the country, the courts? Under their current law, yes. I heard that there was issues between Netanyahu and the courts where he was trying to what, disempower the courts?
Starting point is 01:07:56 And there was a huge debate. This lady's crazy. Yeah. She says, in a constitutional republic, which it is ours, a federal court has the power to order the executive to follow the law, and it must. It is axiomatic that the Constitutional Republic of Tizar is a federal court has the power to order the executive to follow the law and it must. It is axiomatic the constitution of the United States and the statutes of the people's representatives
Starting point is 01:08:11 have enacted a govern in our system of government. She's literally saying we have power over the executive branch to do as we interpret outside. Unconstrained. Outside of the parties before us. She's literally like, it's wild, but it's simply put, she is saying, if we bang the gavel and order the nation to do it, it is so.
Starting point is 01:08:39 She's literally just saying, the Supreme Court dictates, and you must. Right. The Supreme Court is supreme to the supreme. It's no longer a co-equal branches. The branches are no longer co-equal. How long? Supreme Court executive branch and legislative branch.
Starting point is 01:08:54 How long do you think it's going to be until she puts out a dissent or whatever with hand-clapping emojis in it? This is some of the fucking- Oh, wait. There's one right here. No, I'm kidding. But it's actually, you know, this is a terrible decision. It's not good that we have somebody on the court
Starting point is 01:09:08 that is clearly has this little understanding of American constitutional law. Like she has no business being in the court. But the good thing, I guess, from a conservative perspective is she no longer has any ability to persuade any of the remaining justices of the court to join her on any opinion, right? No, did she ever?
Starting point is 01:09:25 She's insulted them. Right, she's insulted them, and she's done so in a way that's really silly. Like it's a very bad insult. Well, I'm gonna tell you why I love this, because one of the issues, let's go back to Texas v Pennsylvania, 2020. Do you remember that one?
Starting point is 01:09:42 Let me pull it up, I'll probably remember it. That was when Texas sued, citing original jurisdiction, saying Pennsylvania was in violation of the constitution by altering the terms of their election outside of the state legislature. Yeah, yeah. And the Supreme Court was like, oh, we don't want to get involved in that.
Starting point is 01:09:57 Clarence Thomas and Alito were like, we need to answer this question. They are suing, it is incumbent upon us, the Supreme Court. They refused. So what I see, what I love here is the Supreme Court, what I want to see happen is them actually issue rulings like this. When Katanji Brown Jackson tries to overstep, it's actually, let me put it this way, it's not that she can't persuade them. It's that she will persuade them in the other direction. She will dissuade.
Starting point is 01:10:28 Yes, she's the opposite of Kagan. Like Kagan has historically been able to pull Roberts and Kavanaugh, not Kavanaugh, but like Barrett now. Oh yeah. She used to be able to pull like Kennedy, I think. And it was always, cause she was able to reason together with them under their premises. Like this opinion from Jackson and the way
Starting point is 01:10:47 that six justices were willing to basically call her an idiot. Yeah. You don't understand constitutional. It's going to be like, yo, people are going to be like, hey, what is, or the SCOTUS justices are going to be like, what is Jackson saying? And that's what I was thinking. Right.
Starting point is 01:11:00 I got to rethink this. I mean, it might still come to the conclusion that they agree with Jackson on the outcome. But they don't take her seriously as a legal reasoner. Yeah. And that's not good for a liberal justice in the dissent in the minority. No, especially considering the makeup of the court
Starting point is 01:11:15 now with six justices that are generally have good legal reasoning and are not ideologically possessed the same way. The conservative justices are all very, very smart. That's something I'll say about every single one of them. They're all brilliant. It is kind of dumb that it's like, did England do it? They didn't, then we can't.
Starting point is 01:11:34 It's like, well, as long as you write right here. That's because that's the law, right? I know, I know, but it's just like. Because that's what the Judiciary Act says and it's what like the, because, and the reason is because that's, there can, I mean, the tradition of equity in a lot of, you know, our law comes from England, right?
Starting point is 01:11:50 Like, you know, we imported it in the colonies and it continued into the, you know, and if like- Yeah, Barrett writes, the universal injunction was conspicuously non-existent for most of our nation's history. Its absence from 18th and 19th century equity practice settles the question of judicial authority. Wasn't the first one in like 1964 or something like that?
Starting point is 01:12:07 Yeah, I mean, and basically the respondents in this case, basically were trying to say, well, there's this example of an aggregate piece of litigation and the fair opinion is like, yeah, which became the modern class action, which is the point. By ducking out of the class action, you create the circumstance where every plaintiff gets like, you know, even, you know, basically,
Starting point is 01:12:29 the government has to win every single time and can only, but they lose once and they lose period. That's just not fair. So, and- There's more. Oh yeah, there is. There goes. The principal dissent focuses on conventional legal terrain,
Starting point is 01:12:44 like the Judiciary Act of 1789 and our case on equity. Justice Jackson, however, chooses a startling line of attack that is tethered neither to these sources nor, frankly, to any doctrine whatsoever. That might be meaner than the other thing we said, because this is something startling. I was saying this backstage, but if a lawyer or a judge calls your argument novel or innovative, they're insulting you.
Starting point is 01:13:08 Yes. That's an insult. That means that you're coming up with something that's not grounded in the law. You're just coming up with your own thing, which is exactly what they're saying. Innovation's great in technology, it's not so great in the law.
Starting point is 01:13:19 Not so great in the law. Justice Jackson's position is difficult to pin down. I like how they're saying different ways. It's untethered to reality. We're not even sure exactly what she's arguing, but to the extent we can make sense of it, it's a good thing. Here's the next line. Rhetoric aside, Justice Jackson's position
Starting point is 01:13:35 is difficult to pin down. She might be arguing that universal injunctions are appropriate, even required, whenever the defendant is part of the executive branch. If so, her position goes far beyond the mainstream defense of universal injunctions. As best we can tell though, her argument is more extreme still, because its logic does not depend on the entry of a universal injunction. Justice Jackson appears to believe that the reasoning behind any court order demands,
Starting point is 01:14:02 quote, universal adherence, at least where the executive is concerned. In her law declaring vision of the judicial function, a district court's opinion is not just persuasive, but has the legal force of a judgment. Wow. In other words, they are writing rather eloquently exactly what we were saying before, that Justice Jackson is basically saying,
Starting point is 01:14:25 if the Supreme Court says, so shall it be. No, no, no, it's not even that. Justice Jackson is saying, if any district court says, to the White House, so shall it be. And not the judgment, right? Not the actual saying, this person won, you are ordered to do X, Y, or Z. It is anything appearing in a district court opinion,
Starting point is 01:14:46 which is not precedential, right? Cause district courts don't make precedents. Anything appearing in a district court opinion is said, so shall that be as well. Just for fun, real quick, sorry, just real quick. But this whole section is literally just a, it's several pages of Justice Jackson is retarded. Yeah, absolutely.
Starting point is 01:15:05 Just for fun, I'm curious as to like, how are the ways that you could imagine things going bad if Justice Jackson were correct? If Justice Jackson were correct, how would these, those- You no longer have a meaningful democracy. Supreme Court would be the governing authority of the country.
Starting point is 01:15:24 District. Every, the district, the actually the entire judicial Court should be the governing authority of the country. District. Every, the district, actually the entire judicial branch would be the governing authority of the country. Every single executive decision would be subject to immediate review, regardless of anybody was even injured. So this goes, again, this is the, basically we get the Israeli system,
Starting point is 01:15:38 which is, there's, you know, you're just, there's the sovereign court and everybody below it. But let's just take it beyond the, let's not make it light. Let's say there would be no executive branch. It would be- It might still be it, but it would- Here's a good example.
Starting point is 01:15:54 It'd be performative. So, you know, here's an example of what's something that could happen. President Trump moves some troops around and is preparing for war and there's some news reports. On their own initiative, the Supreme Court issues an order saying the president must stop and return those troops here until we can review the potential military action.
Starting point is 01:16:14 Yes, or let's get that, you're being reasonable Will. Yeah. At the utmost, what she's saying could be, upon any instance, for any reason, the Supreme Court can determine literally anything in this country, meaning your government would functionally be a judiciary with nothing else, everything else is performative, the judges wouldn't wait for the executive to mount troops,
Starting point is 01:16:39 the judges would order the president. They would say, upon fact and review of foreign affairs, we are hereby issuing an order that the president begin to amass troops on the eastern border of Ukraine, or the eastern border of Poland, to mount an offensive into Ukraine in defense, and then the president must do it. And then at the local level,
Starting point is 01:16:59 there is no state legislator or city council, only judges. So then when a law is to be passed, the judges will decide whether it is or is not. Yeah, this is, we got judge, jury, and executioner. That's the phrase and that's how it functions in reality. And then in the government, we have the judicial branch, the jury branch, which is the legislative branch, and then the executioner, the executive branch, which carries out the whatever the decision. That's how it functions. The judge is not the jury. The judge doesn't get to decide. The judge doesn't get to execute doesn't
Starting point is 01:17:33 make the execution decisions for the president. It just is the judge. It'd be a much it'd be a much worse system of government, a much less agile system of government. It's a dictatorship. Yeah. Well, sort of collective being a judicial judicial supremacy, a dictatorship. Yeah. Well, sort of collective, I mean, a judicial supremacy, a juristocracy. I think you'd call it communism. I don't know that it would necessarily be communism, but it's just a juristocracy. Well, you'd be ruled by a party.
Starting point is 01:17:56 The judges are appointed. Elections would be fake. Basically, what she's saying is, if the judiciary shall speak it, it shall be. Meaning, right now, what would happen? Well, we can argue right now they would start taking power, changing laws. The theoretical full function of her argument is
Starting point is 01:18:17 it is a nation where if people in a city are having an issue with say say, a sewage problem. Instead of there being a meeting where the people come to the side, the judges will convene and tell you what you must do about this problem. Let's say someone says, we've had a string of cybercrime. It's a new kind of crime we're not familiar with. We don't know what it falls under. We need a law to make it illegal.
Starting point is 01:18:40 That's not what would work in the judiciary. The judge would just say, anyone who does it, 10 years. It is so as it is spoken, so shall it be done. There's no voting, there's no legislative branch, and the executive must do what they're told to do. So you said six people were like, hey, Brown Jackson, you're off the court here. And then two people agreed with her?
Starting point is 01:18:59 Is that right? No, she didn't even get any of the other liberals to sign on to this opinion. The other liberals, that was the point where they said the principal dissent goes onto well-trotted ground with the Judiciary Act. And then they're like, but Justice Jackson's dissent is totally novel and untethered.
Starting point is 01:19:16 That was the reason they're saying that. Because I think Justice Sotomayor had a dissent joined by Justice Jackson's. I love this footnote. Think about what this position means. If a judge in the District of Alaska holds that a criminal statute is unconstitutional, can the United States prosecute a defendant
Starting point is 01:19:31 under that statute in the District of Maryland? Perhaps Justice Jackson would instinctively say yes. It's hard to imagine anyone saying no, but why on Justice Jackson's logic does it not violate the rule of law for the executive to initiate a prosecution elsewhere? Among its many problems, Justice Jackson's logic, does it not violate the rule of law for the executive to initiate a prosecution elsewhere? Among its many problems, Justice Jackson's view is at odds with our system of divided judicial authority. They're going to say it is also in considerable tension with the reality that district court opinions lack precedential force even vis-a-vis other judges
Starting point is 01:20:01 in the same judicial district. Right, right. She's nuts. Right, under current law, like if you, you know, there's multiple judges here in West Virginia. If one judge reasons something, a district judge just reasons something, comes to a reasoning, uses reasoning to come to a conclusion and issues a judgment,
Starting point is 01:20:18 other judges are not down by that reasoning. They can reason differently on the very same. She's, oh my, like the degree of stupidity. So we have circuits and we've gone over this many times where it's like, did you hear that Arizona, the whatever circuit just ruled that you can have this kind of gun? And then we go, whoa, does this mean everyone in the country?
Starting point is 01:20:38 No, it was only in that circuit and it would have to go up to the higher courts if it's gonna go into a wider, wider, wider effect of the nation. She's arguing. How did none of her clerks get this? Like that's the other thing. She must have hired some absolute idiots as her clerks. That wouldn't have just like been like whoa you can't do this. This is insane. Well let's think about what this means. Her argument would be that in Alaska a lower court district says the NFA is unconstitutional, everybody can have guns. Then in Maryland, a lower court says the NFA is constitutional and we're going to go
Starting point is 01:21:12 on to ban all guns. Simultaneously, under her argument, the United States will ban and unban all guns at the exact same time. Which district judge is the executive supposed to ban? And is it just any, the district judge that gets to it first doesn't just bind the executive They find the entire country. It's reversed chronological. That's how we like the stack Wait, there's more there's more Spell there's more there's more there's more they write in other words It is unnecessary to consider whether Congress has constrained the judiciary What matters is how the judiciary may constrain the executive. Justice Jackson would do well to heed her own admonition.
Starting point is 01:21:49 Everyone from the president on down is bound by the law. That goes for judges too. I love that one. Do you imagine that she is embarrassed right now? Like knowing how the world is like, how the United States and essentially all the political world in the US is looking at her. I think so.
Starting point is 01:22:06 And to have been so excoriated so thoroughly by her co-justices. And having no support from anyone else. None. Nobody. Yeah, none of the, I mean, you would think that like Elena Kagan would have looked at her and been like, Katanji.
Starting point is 01:22:19 Yeah, don't you have any friends? You can't write this. Don't you have any friends on the court that could be like, yo. You can't write this. This is a bad idea. on the court that could be like, yo. You can't write this. This is a bad idea. You take this opinion and put it in your trash folder. And furthermore, the people that are defending her, they're almost all defending her saying
Starting point is 01:22:35 that all the people that are attacking her are racist. But check this out. Correct me if I'm wrong because I didn't read the whole thing, but it looks like the actual dissent is on the basis of birthright citizenship, not the injunctions. Well, I think the argument I think the dissent is making is that they're sort of making this argument that the birthright citizenship case is so clean that there's no probability of prevailing on the merits.
Starting point is 01:22:57 And so it's actually it's doing law, right? Like there's there's I often make this distinction, like there's there doing law, and then there's not doing law. Jackson's not doing law. She's just literally inventing some stuff out of thin air, spitting in the face of hundreds of years of unbelievably basic constitutional precedent. As the majority says, it's not what this dissent is doing. It's not right.
Starting point is 01:23:20 It's crazy how she's just literally saying, our branch of government determines what the executive branch gets to do. Yeah. Busted. It's crazy. So she issues the dissent, then everyone else is like, actually, here's our opinions on the dissent. Is it normal for then her to come back and be like,
Starting point is 01:23:39 well, here's my opinion on your opinion? Or is it at that point they just stay silent? They discuss, they send opinions back and forth to each other, there's like, this is the product of months of work and back and forth responses, that's why the majority opinion is responding to dissent and vice versa. That's why it's so shocking that this actually made it
Starting point is 01:23:55 to the, this sees the light of day. I mean, it really is impressive how, I mean, you don't normally see stuff like this, you don't normally see opinions this way. I just, do you think she was like, oh. I just imagine like the eight other justices are sitting at the desk looking at Katanji Brown Jackson whose eyes are kind of like half closed.
Starting point is 01:24:11 And they're like, Katanji, don't press send. And she goes. Yeah. Like, don't do it. Right, oh, I mean, I think the conservative justices were like, whatever you want to do, this is fine. I want to write, you want to put this opinion, go right ahead.
Starting point is 01:24:25 I would pay a hundred bucks to be like sitting in the room watching Clarence Thomas read that, just watching the expressions on his face. Imagine like you're just Elena Kagan sitting alone being like, how am I ever gonna get anything done with these morons who are my colleagues? Because yeah, because- Wait, wait, wait, hold on, hold on.
Starting point is 01:24:42 I think I just figured it out. Several years ago, when they were nominating Katanji Brown Jackson, she secretly meets with Trump, and he's like, everyone's gonna hate you. You will be the hero that we need. And she's like, I'll be as dumb as I can to make the liberals look stupid. Katanji, you are my black sheep.
Starting point is 01:25:03 You're sacrificing legacy, your good name, and she goes, yes, but I will make Democrats look really dumb for a long time. And then, right now, as he's seeing this, only Trump knows what Katanji Brown Jackson's actually sacrificed. She's the secret weapon to destroy the legitimacy of liberal jurisprudence.
Starting point is 01:25:21 With her reputation sort of being dragged as it is, and internally in the court, obviously, and externally with shows like this making fun of her, what's her road to redemption right now? Like just actually issue some good rulings for a while and get the other judges to look, all right? There is no let Kagan ghost write everything. I am, I am.
Starting point is 01:25:42 Just be like, defer for a while. I am excited for what Freedom Tunes makes out of this. Don't let us down. Black Sheep, dude. It's like the movie, it's all about that. If there's another Democrat president, I wouldn't be surprised if there's some serious push to have her kind of step down.
Starting point is 01:25:57 Like just, I mean, it's not good for the liberal. We got Amy Coney Barrett back. Yeah. You know, she was drifting. Yeah, I think she, you know, who knows exactly what it was. But she came out right here. I don't know, maybe she got, like, we were stinging them for a while.
Starting point is 01:26:14 I mean, they really, they were playing a lot of games with the shadow docket, where they were not giving cert to obvious, like, Second Amendment cases, and then dropping everything at a moment's notice to, like, handle cases and then dropping everything in a moment's notice to like handle an illegal alien enemies act case down in Texas. So I think they took a little bit of a beating
Starting point is 01:26:32 from organizations like the one I'm a part of and decided that maybe they needed to be a little more. I am so excited. I am so grateful in retrospect that this woman was confirmed. Yeah. If you had to choose somebody to be confirmed, yeah. Thanks, Joel.
Starting point is 01:26:50 If we're looking at they're going to get a liberal justice on the court, who is it going to be? The dumbest one imaginable is the best case scenario. Not only is she bad at what she does, but she delegitimizes, what do you say, liberal jurisprudence? Liberal jurisprudence. She honestly, really, I mean, it's like when the liberals on the court,
Starting point is 01:27:07 you've got Sotomayor who's not particularly intelligent. I'm not saying she's dumb, but she's not some major legal man. And then there's Supreme Court smart. And that's a 20 IQ point gap, at least. And you know. Her clerks. Well, yeah, I mean, if I were clerking,
Starting point is 01:27:26 I mean, I've worked in chambers before, right? And it's like, you give the judge your honest opinion. And because you're trying to help them, I mean, you'll fall in line if they tell you to write it. But I mean, if I'm sitting there as a clerk, and I know standing law, I took con law, I've just got out of law school a few years ago. I'm like, Justice Jackson, you can't say this stuff.
Starting point is 01:27:45 But think about who she hired. Yeah, she hired people who themselves probably just didn't have a good handle on them. What is it called? Is it the Peter Principle? I've heard of that. What's the one where- He's hired A's, B's, hire C's, is that it?
Starting point is 01:27:55 Yes, yes. So when you get a Katonji Brown Jackson and she's a W, you know, she hires an X. Yeah, she's probably extraordinarily insecure on that court. That's actually a good point, because she's just not, I mean, it hires an ex. Yeah, she's probably extraordinarily insecure on that court. That's actually a good point. Cause she's just not, I mean, it was obvious from her hearing. Well, this ought to help.
Starting point is 01:28:10 Well, I mean, didn't Joe Biden say that he was going to nominate a black woman for justice? This is 100% she was entirely hired, she is a DEI justice. She is there because she is a black woman. It's funny, I said that's so gross. Not that there was a black person as a judge. It's that to get hired based on the skin color is grotesque.
Starting point is 01:28:30 That is sick. It's racist. It is severely racist. They really, and they screwed themselves out of justice. I mean, there's a guy named Sri Srinivasan, who's like the chief judge of the DC Circuit, which is usually, that's where actually where. He's a liberal guy?
Starting point is 01:28:45 He's a liberal guy. He was Solicitor General under Obama. Oh, wow. And then a DC Circuit judge, and everybody had him a short list. He would have been the first Asian American on the Supreme Court. Wow.
Starting point is 01:28:55 And Obama had, they got a lot of victories. Yeah, and I mean, I think Sri could have been, I think Sri could have been an option over Sotomayor, but certainly Sri could have been an option over Sotomayor, but certainly Sri could have been an option over Katanji Brown Jackson. And Sri would be this nightmare for us, because he's not on our team, but he's also brilliant, and would be able to sway a Robertson and Barrett.
Starting point is 01:29:16 You know, thank you. Wait, wait, wait. I do. Joe Biden's not brilliant enough to think of those things. I do love the spectrum. It's like, on a scale of Katanji Brown Jackson to Clarence Thomas, how smart are you? Yeah.
Starting point is 01:29:27 Like Clarence Thomas talks very, very little and he's the smartest guy on the court and she talks the most and she's dumb as a box of rocks. Yeah. That's I think Jeff Bezos says at board meetings, you know, the leader should speak last. That's his take on it anyway. Says, you know, listen, listen.
Starting point is 01:29:41 She can't express herself concisely. I just want to know how do we get eight more Clarence Thomas's, Alito's good too. So we do have something to promote my organization and what we do. Emil Bovi is going up for the third circuit. He's an absolute badass. He was President Trump's lawyer
Starting point is 01:29:59 and then he was acting Deputy Attorney General and now I think he's currently acting Deputy Attorney General. And now I think he's currently acting Assistant Attorney General. But he's gone for the Third Circuit. He was absolutely badass. I don't know if you guys covered his confirmation hearing, but he had this incredible line where Dick Durbin asked him, it's like, what do you think of President Trump's pardons
Starting point is 01:30:19 on January 6? And he said, it's not my place to comment on President Trump's pardons in the same way it wouldn't be my place to comment on President Trump's pardons in the same way. It wouldn't be my place to comment on President Biden pardoning drug traffickers and death row inmates. And like, and all Durbin did was just kind of shrink. At the end of that. You mentioned that if a Democrat was in the presidential seat,
Starting point is 01:30:38 I think you were mentioning saying the president, maybe they would resign? Katanji Brown Jackson might resign. You might push her to, because she's just. Push her to, How does that work? You try and bully her into giving up her seat. Sorry to interrupt, but as the president, you would go through and be like, look, we would.
Starting point is 01:30:51 That's not happening in the next three years. I don't think they probably can, because again, it's the DEI problem, right? She got the position. You're literally going to say she can't have the position because she didn't have merit? Well, she didn't get the position based on merit. She's not going anywhere for at least three years.
Starting point is 01:31:08 And if a Republican wins after Donald Trump, she will not go anywhere for those four years. I think. I will not give that a think. Because Donald Trump is going to likely to appoint one more justice during this is his term. I would bet that one of Thomas or both are going to retire. One, maybe two.
Starting point is 01:31:24 You think Thomas or Alito? Yeah, I mean, they're both getting up there and they don't want to be replaced by Democrats. Look, you don't want to do what Ruth Bader Ginsburg did. Exactly. And I trust Clarence Thomas to have a great successor. Hopefully. Yeah.
Starting point is 01:31:38 I mean, I trust Clarence Thomas to know who would be the right successor for him. And then he suggests and then they make a decision? I hope. Well, actually, how would that suggests and then they make a decision. I hope. Well, actually, how would that work? Will they go to Trump and say, this is the guy you want? I mean, it'll be up to Trump. He has a team and he takes outside advice as well.
Starting point is 01:31:52 So, but it'll be. Coney Barrett is like, she's been a C plus. Yeah. I mean, I think there's a reason that, you know, the Federalist Society folks aren't as involved with advice on judicial nominations that were around. What has Kavanaugh been a C-plus as well right? Kavanaugh's been pretty good. I gave Kavanaugh like a B plus. A minus? I don't know on guns Brett Kavanaugh's kind of annoying. He's
Starting point is 01:32:14 actually pretty, I mean he had a great Second Amendment dissent when he was on the DC Circuit. I mean it's that it's that cert decision that's kind of annoying. What's that? There's a Heller case. When Kavanaugh was on the DC circuit, Heller too, the DC circuit tried to interpret what the Supreme Court did narrowly and he wrote a very, very strong opinion that kind of foreshadowed what the Supreme Court would eventually do in Bruin, which was basically say that you can't just ban like concealed carry. But he also said that, I'll oversimplify it.
Starting point is 01:32:50 It is okay for states to make difficult permitting processes for going on gun. He said, you have to issue the permit, but, and he didn't say it like this, but he basically said they can make it extremely difficult, nigh impossible. Mm, that's weird. Yeah.
Starting point is 01:33:08 Is that really what he said? That doesn't strike, I mean, I- I'm being a little mean, but he made, like, so the issue was that New York has extremely circuitous systems in place to make it hard to get a gun. And he was like, you can't make issue, you must issue. So the ruling was good in that states like New York can no longer deny it, but he effectively said New York
Starting point is 01:33:28 is still, of course, allowed, as is anyone, to create their own permitting process, which New York, of course, made it particularly difficult to actually get through. Can you do that in a concurrence? Because he didn't write Bruin, did he? And I think that was like the last major. This was a few years ago, I can't remember.
Starting point is 01:33:44 I remember that we had a bunch of stories on it because we were pissed. Like the problem is that it's great that we won the shout issue rule, but in New Jersey, they lie to you when you try to get a gun. And so they shouldn't be allowed to create a permitting process
Starting point is 01:34:02 that requires you to jump back and forth. It took me months when I was in Jersey to get a permit. Months, because they kept lying to me. The police lied to me. I would call the government and they would always give me something different. And I guess technically the shell issue argument is, you're allowed, like you can't do that.
Starting point is 01:34:23 But the permitting process of Jersey itself took a long time fingerprints, getting a special license, making it extremely difficult for the average person to do. And the only way to get a concealed carry is if you're rich or famous in New Jersey. Well, that can't be the law. Not anymore. That's right, that's shallish, who defeats that.
Starting point is 01:34:41 So it was a good ruling, but it was like. Yeah, Thomas R. Per a person, that's right. I don't know if it was a, he wrote in agreement or whatever, but I remember there was an issue where everybody was like, Kavanaugh basically ruled that they can have their permitting processes even if they're cumbersome. And I'm like, that's an infringement.
Starting point is 01:35:03 The method by which these blue states stop us from owning guns is by making it extremely difficult to get, just like the NFA did. Yeah, and I think that I would liken that to, you know, or your right to a speedy trial. Obviously it's a different venue, but your rights are your rights
Starting point is 01:35:19 and you have a right to a speedy access to your rights. But to be fair, I shouldn't throw Kavanaugh out with the bath water simply because of one or a couple of rules. And especially because of a concurring opinion. It's not binding. He's just observing what current law allows. All I know is every single time there's an issue of logic,
Starting point is 01:35:36 Alito and Thomas get it right. Yeah, Alito and Thomas are the best. There's no question. They're the two A's. Are they the oldest? I should probably know. Are they the oldest dudes? Yes.
Starting point is 01:35:44 Alito is older? Mm-hmm. Oh, wow. I think. I think. I don't know who's older. I know they're all old. Between Alito and Thomas.
Starting point is 01:35:50 It'd be great to get these judges on the episodes. I know they're busy. Yeah, they're not going to do that. Maybe after they retire. He's 75. Alito's 75. There's a whole thing about not engaging in public commentary as a judge.
Starting point is 01:36:02 You're supposed to have reported it pretty dramatically. Yeah. Thomas Alito. So Thomas 77, Alito 74, Sonomayor 71, Kagan 65, Gorsuch 57, Kavanagh, Kavanagh 60, wow. Amy Coney Barrett's 53 and Katanji Brown is 54. Well. So yeah, you know what? Alito and Thomas should retire. Yeah, unfortunately.
Starting point is 01:36:25 Only, unfortunately, but they got to choose their successors. I don't know how we do it, but they're the best. Yeah, it sucks, but you can't, I mean. They have balls. I can't stand how many times they deny SERT or whatever, and it's like the two that are saying, let's answer the question for this nation, it's Alito and Thomas. Yeah. Yeah. Yeah, their nervous systems are working just fine.
Starting point is 01:36:48 Nervous systems are working just fine, clearly. Yeah, there's a couple, two A cases that were just a denied cert about- Yeah, and I really didn't want to- Exxon Bands and what they call assault rifle bands. Those should not have, they should, I think it was Gorsuch that said that they're going to, they want to hear them in the next.
Starting point is 01:37:05 It was Kavanaugh. It was Kavanaugh, okay, fair enough. Who said that they want to hear him in the next session, which, so it would be nice to have them do this because assault weapon bands are just bands on semi-automatic rifles. Magazine bands are clearly unconstitutional. So I want them to hear this stuff. But when I'm sick of even
Starting point is 01:37:28 look the Constitution says the right to keep and bear arms shall not be infringed and all we ever actually get is SCOTUS arguing to the extent by which how much the government can actually infringe. Yeah yeah yeah and so they're saying like well clearly nobody should have a nuclear weapon. That's not the argument. We have a constitution. Change the Second Amendment if you think it should be the case. And maybe after some crackpot builds a small nuclear bomb in his backyard, the states might
Starting point is 01:37:57 come to ratify an amendment that says, yeah, no nuclear weapons. But what I don't like is this nation and the constitution has always just been whatever we decide it is. And that means we don't actually have a written constitution. When they ratified the constitution, there were still blasphemy laws in the books that were enforced for a hundred plus years. So now what we have is- Welcome to legal realism.
Starting point is 01:38:20 Of course. And what I love is we've been winning on the gun issue forever. Not forever, but in the past several decades, gun rights have been expanding tremendously and that's a good thing I'm just like let's stop pretending Anyone is actually following what the Constitution is supposed to be doing They're simply arguing the extent to which they're willing to accept things like the justices say Can you have nukes? Nah, well, hold on, it says the right to keep and bear arms.
Starting point is 01:38:45 It doesn't define what those arms are. And if your argument is nukes are clearly beyond the scope of what they meant, then the liberals were right the whole time. And that means that machine guns, full auto, 50 BMG, all of that can equally be argued as to being beyond the scope of the second amendment. I reject that premise.
Starting point is 01:39:03 And if you have a problem with nuclear weapons, which I do, I don't think people should have them, still the constitution says the right to keep the arms and not be infringed. So maybe two thirds of the states can get together and actually say, we're gonna say nobody can have nuclear weapons. And I think most people would be okay with it.
Starting point is 01:39:17 Or like chemical weapons, what I think those are just illegal. Chemical weapons, can you have a? So under your theory, do you, could our laws banning felons from owning guns permissible? No, because this is actually interesting. At first, a few years ago, I said,
Starting point is 01:39:33 it is wrong that after you get out of prison as a felon, you still can't have a gun if you have a second amendment. And instantly, one of our tremendous super chatters said, Tim, your rights under the constitution can be curtailed through due process. Meaning, you may have a right to life, liberty and pursuit of happiness, but if you commit a crime, we can take those rights away from you. And if the determination under the law through legislation is that we can take away your due process right to own a gun upon conviction of a crime that actually fits with the standard we have in this nation. So I don't
Starting point is 01:40:05 like it. I think that if you commit a felony, they should, the judge should say as part of the sentencing, 10 years in prison and 15 years, no bearing arms. But getting a life sentence to take away your rights, I think is a cruel unusual, but I think it's fair that we would have to argue. Yeah, I don't agree with you. So if a dude smuggles in like a rare piece of art. I'd say violent, I mean, I think the current rule is like violent felonies. I'm pretty sure it's not,
Starting point is 01:40:38 I'm pretty sure it's just felons, just felons. Wasn't there a Supreme Court case on this that basically looked at whether non-violent felonies is legitimate? Is violent a classification of, is violent felony codified in law Wasn't there a Supreme Court case on this that basically looked at whether nonviolent felonies- Is violent a classification of, is violent felony codified in law as violent felony? I think in the Second Amendment jurisprudence and in other places too, I'm pretty sure this is a case of the Supreme Court. We've had a bunch of people chat saying things like they committed fraud when they were 19
Starting point is 01:41:01 and now they can never own a gun again. And it's like, we've had people chat say, when I was 20, I stole a car and now I'm 43 with a family and I'm not allowed to own a gun. And it's like, okay, that's a little egregious. At a certain point, you should get your rights back. Maybe there's gotta be a mechanism by which we rectify that.
Starting point is 01:41:20 I don't know. I think so. Rahimi was the, in the United States versus Rahimiimi the Supreme Court clarified that the standard for assessing the constitutionality of firearms regulations Emphasizing that modern restrictions must align with the nation's historical tradition of firearm regulation However, the court also indicated that individuals who pose a credible threat of public safety such as those under domestic violence or shaming orders May be subject to a gun ban. So yes, Rahimi the felony gun ban. So yes, Rahimi. Yeah, that's under Rahimi. The felony gun ban is not referred to violent felonies, any felony.
Starting point is 01:41:48 Okay. What about? Which is ridiculous. Oh, it's interesting. The Supreme Court hasn't ruled yet, but it says that lower courts are split on the question of whether or not nonviolent, it's allowed to permanently disarm nonviolent felons.
Starting point is 01:41:59 I don't think even violent felonies should be permanently disarmed. But, so put this away. Do you think that any violent crime warrants life in prison? No. Of course. So violent crimes should have a set of years by which you can have a gun. And so let's say you commit an aggravated robbery and we say you're going to get five years for that, after which you can't own a gun for an additional five years.
Starting point is 01:42:22 Instead they say we're giving you a life sentence to never be able to keep in bear arms again. I think that's egregious. No, I think that's where we don't- A life sentence for a lesser violent? For the loss of the right to bear arms? I mean, I don't consider that a sentence. It's a right. Yeah, but-
Starting point is 01:42:38 They're stripping you of a right for life. I think there should be a scale to that. I mean, well, in the same way that- All 25 years. But you lose your right to vote too. You shouldn't, I think it should be a scale to that. I mean, well, in the same way that- All 25 years. You lose your right to vote too. You shouldn't. I think it should be, like the idea that we would sentence someone to a life
Starting point is 01:42:50 of a stripping of their rights on say, like let's say you get a violent felony in that you got in a bar fight, punched a guy in the head, he fell back and died. And they're like, that's it, you go to prison. And you're like, I'm not a violent guy. It was a bar fight. It was stupid.
Starting point is 01:43:03 A fight broke out. I shouldn't have done it. And you get five to 10 years, whatever, he gets out there. You could also never vote. And there's a clear difference between that guy and a serial rapist murderer who's killed 20 people. We will say, not only that person never gets out, they might get the death penalty.
Starting point is 01:43:19 Obviously, I think there's a context difference. But yeah, I don't know. I view it as, first off, as Brahimi, if I remember Brahimi correctly, context difference. But yeah, I mean, I don't know. I view it as, I mean, first off as, you know, Brahimi, if I remember Brahimi correctly, it was like, yeah, the sort of laws that restrict the rights of violent criminals to own guns have been with us since the founding. They were around when the Second Amendment was enacted,
Starting point is 01:43:38 and everybody understood them to be constitutional then, like even in the presence of the Second Amendment. You know what's really funny about 1789? Is that, you know, you're living in New York or whatever and you get convicted and they say, you can't own a gun anymore. And you go, dread. And then you go walk 50 miles south,
Starting point is 01:43:53 say your name is Rick Bigsby and you can own a gun again. I mean, sure, you know, de facto, but like, de jure still matters. Like the way the actual law was still matters in terms of understanding. It matters in terms of understanding what, when people read the Second Amendment, what did they understand it to mean at the time? My point is just, back in the day,
Starting point is 01:44:14 when they said you couldn't vote, you could literally, you know, go on a few days trip to another area, change your name completely, and just rewrite your life. And they had no way of tracking that, and no one was gonna go check. Shave your beard, change your name completely and just rewrite your life and they had no way of tracking that and no one was going to go check. Shave your beard, shave your head and you're a different person. And how did they know? I think that was what Huckleberry Finn was about wasn't it?
Starting point is 01:44:35 Mark Twain faked his death? We got to go to chat, sorry, sorry to interrupt. But we're going to go to your chat, smash the like button, share the show with everyone you know. It was Tom Sawyer that faked his death. I bought it and share the show with everyone you know. It was Tom Sawyer that faked his death. I bought it. And share the show. This show's awesome. We're going to read your chats.
Starting point is 01:44:48 Sorry, Shane H. Wilder, he says, Texas SB25, or the Make Texas Healthy Again bill just passed, which requires daily exercise in schools and warning labels to be placed on any food with additives that are banned in other countries. Good. I dig it. Whoa.
Starting point is 01:45:01 Good. Let's go. CB says, we should increase representation from 535 to 3,000 in the house. Isn't it 400? No. No, it. Whoa. Good. Let's go. CB says we should increase representation from 535 to 3000 in the house. Isn't it four? No, we should. No, we should. Right, 435.
Starting point is 01:45:11 No, we should. 435. I'm a strong believer that making the part, like the Congress bigger will just make it more and more impersonal and impossible to manage. And will ultimately, again, it will just increase the amount of, ultimately increase the amount of power that leadership has because there's so many people
Starting point is 01:45:30 that organizing a rebellion against leadership will just be impossible. What do you think about like a direct representational democracy where we, you know, one guy represents 700,000 people, but instead of that guy saying yes or no to a bill, the 700,000 people in the district vote yes or no, and then you take the majority of those 700,000.
Starting point is 01:45:45 That's the vote that goes through. And what's the point of Congress? They'll get called if the power goes out to go do the job for us, but we don't need them. That's what you have a governor for. No, it's a bad idea. Why? Why? Because not like we shouldn't expect every single person in the country to be informed
Starting point is 01:46:00 on not merely representing them, but their every relevant policy. Ian, you're saying that we will be governed by the unemployed. Well, getting governed by one guy that gets bribed by Halliburton's- There's certainly problems with that, but I'd rather that than being governed by the unemployed. That's a good comment. I don't know, because 700,000 people vote together,
Starting point is 01:46:19 it's only, they only count for one of the 435 votes. Already the problem we have, unemployed people are more likely to vote in any circumstance. At least we have some filters. Yeah, there's no government like that in the world. I mean, that's pure direct democracy in a country of 300 million on litter.
Starting point is 01:46:35 And it's not merely who we vote for. It's voting on every relevant statute that nobody's, I mean, you think the problem of legislators not reading statute is bad now, right? It's just, I mean, I think the problem of legislators not reading statute is bad now, right? It's just, I mean, I think that's a terrible idea. Here we go, we got Xantho says, hate to be the black pill on this, but this isn't gonna end birthright citizenship.
Starting point is 01:46:53 And the big beautiful bill is also getting the few good things that are removed by a non-elected official. Boo, no more black pillings. How is that possible, the parliamentarian? Because the parliament? Because it's Senate rules, right? There's normally, to get past the filibuster,
Starting point is 01:47:07 there's a very limited things that are allowed to get past the filibuster and go through the Senate and it devotes. And so some of the things in the House bill are just not getting through. Okay, so the Republican Senate should just nuke the rules and that's what Harry Reid did that ended up with... We could.
Starting point is 01:47:20 But it's not, I mean, I... Scorched earth. The big reason that the big beautiful bill is good is because it's massively increasing funding for immigration Enforcement like that's agreed agreed, you know, and I think I want Short barreled rifles and suppressors, you know, yeah I mean I I will say this I think Thomas Massey's arguments and Rand Paul's arguments against the big beautiful bill are Horribly bad like among the just not persuasive at all.
Starting point is 01:47:46 Well, I think they're persuasive. No, I just think that they're there. I would argue this. Look, you're not persuasive. You're right. I agree with you. I would say they're they're good points to be made, but it doesn't matter. You should vote for the bill anyway. You should vote for the bill anyway. Oh, I don't know. I'd like to hold on.
Starting point is 01:48:00 Hold on. You and Rand Paul agreed. Yeah. Is he going to vote for the bill? So I interviewed him. He said, if I am the deciding vote, I am a yes. Thomas Massey said, nope, not gonna happen. So I respect Thomas Massey greatly. I think he's wrong on this and I think he's wrong on a lot of things,
Starting point is 01:48:14 but he's a good dude. Rand Paul, I respect saying I will. He was actually funny. He said, the president's gonna call me and he's gonna be yelling at me for about an hour or two and then I'm gonna agree to vote for it. Yeah, he already knows. I mean, I just remember the first term,
Starting point is 01:48:31 and we were fighting tooth and nail to get funding for the border wall. Remember the national emergency debate? We were trying to get money reallocated. And this bill, which everybody just takes for granted, funds it all 10x what we need, which is good, because it means that we won't have to go back and ask for more money in the event that things
Starting point is 01:48:47 take longer than we think. I got one for you. Yesterday, we were having this debate with the libertarian guy. And I said that we should, if Zoran Mamdani attempts to in any way obstruct federal law enforcement on immigration, the DOJ should bring seditious conspiracy charges against him and his cohorts.
Starting point is 01:49:05 Seditious conspiracy. Which states, if any two people conspire, among other things, to delay law enforcement, it is a seditious conspiracy. I mean, seditious conspiracy might be too aggressive, but certainly there are laws about you're not allowed to obstruct ICE agents in the performance of their duties. I'm just saying, if we don't,
Starting point is 01:49:25 so illegal immigrants are not part of the American community. They are spitting in our face and stealing from us. And the American people have voted and been polled. And the ultimate poll is the vote. Donald Trump, deport these people who have violated our rules, is not okay. Zoran Mamdani says in his campaign, he will,
Starting point is 01:49:45 he says, protect on city owned property and city lease property, protect people from deportation. That's more than just saying, I'll stand back and refuse to cooperate. Yeah, like if he gets in the way of federal law enforcement, that's a crime. He should be indicted for the crime. I think there was already,
Starting point is 01:50:04 there've already been some indictments, haven't there? Or there's been talk of an indictment being issued. Well, McIver for punching a cop, but when they charged Trump's lawyers with RICO. Oh yeah, no, I mean, I have no picture. When are the Republicans gonna actually, Brad Lander fought ICE agents and he got no charges. Oh yeah, no, he should have been indicted.
Starting point is 01:50:21 Yep. That needs to happen. Well, you know, as strong as Trump administration administration has been I guess you can only move so far God, I don't know sometimes I wouldn't be surprised if things come out people often in general I don't get blackpilled about the lack of indictments because Litigation takes time indictments take time. So, you know, that's true. That's true. All right, let's go Effett says KBJ is now the Jim Cramer of the Supreme Court. Oh That's mean That's harder that's harder than anything Go. Effett says, KBJ is now the Jim Cramer of the Supreme Court. Ooh.
Starting point is 01:50:45 That's mean. That's brutal. That's harder than anything, A. J. Barrett said. That's a problem. It's true. Roflo says, Scalia Descentes was a great read when I was getting my paralegal degree. Full stop.
Starting point is 01:50:57 Can you imagine KBJ's equivalent? I need a helmet and floaties to read that. Scalia Descentes is a great book for anybody who wants to read it. I recommend it. All right. I heard that the conspiracy theory is that he was murdered. Yeah I heard that one. Possible but I don't know.
Starting point is 01:51:16 Awesome, but not in the sense that it's like a good thing. Just it inspires awe in my brain. What? Why? What's the anyway? How did he die? He was like in a pool. I mean he he just died in his bed And I'll be on a vacation. Yeah
Starting point is 01:51:28 And then like conspiracy there's a conspiracy that he was killed. So what who isn't it was it was in at the time Was it Obama? Yeah, it was like at the end of Obama's second term They wanted to get a liberal and they nominated Merrick Garland replace him and then the Republicans were Republicans refused to fill the seat and then that seat became Kavanaugh. It was Kavanaugh? I thought it was Gorsuch. No? No, it was Kavanaugh first. I'm pretty sure. I think. No, you're right. It was Gorsuch. Gorsuch was the first. That's right. Yeah, because he was the guy who stole Garland's pizdat. Yeah. Garland went... Yeah, and then Kennedy retired and Kennedy was replaced by Kavanaugh and then Ruth Bader Ginsburg died and then she was replaced by Amy Cuddy. She didn't wanna leave.
Starting point is 01:52:08 Yeah, she made a pretty big mistake. Can you believe it? If she didn't leave, we might not have gotten the overturning of Roe v. Wade. Maybe not. Yeah, that's wild. Let's grab some more. Scoob education video says,
Starting point is 01:52:20 "'Why doesn't anybody ever bring up "'that selective service registration is required for men "'even for illegal aliens? "'When one does not register, they've broken federal law. Indeed. Oh, we should indict them. Because I don't know if you followed that. That's what they're doing in LA now, right? Because LA is a sanctuary state. They don't honor ICE detainers. But what the LA US attorney started doing is filing criminal indictments related to illegal presence. And filing criminal indictments related to illegal presence. And while they're not, they have to comply with criminal warrants.
Starting point is 01:52:49 So that's a way to get around the sanctuary city thing. So more crimes that you can charge illegal aliens with are good in terms of stop, you know, defeating sanctuary jurisdictions. Whoa, this is crazy. What? Jay's index says, look Tim, five years, It's more, but my membership was canceled by YouTube and I have to renew three months into it.
Starting point is 01:53:09 What? It says 60 months. 60 months, bravo brother. Wow, I really do appreciate it, man. Raymond G Stanley Jr. says, Harumphi say Ironheart is not watchable. Disagree. I don't think it's good.
Starting point is 01:53:23 I don't think it's bad. I think it's just plain watchable. What is it? The new Disney show was filmed years ago and it's written really poorly. But as somebody who watches superhero shows, I'm actually, I'm interested to see where the story goes. It's not bad to where I turn it off. Like, what is it?
Starting point is 01:53:44 I never watched Echo and I never watched Secret Adventure. the story goes, it's not bad to where I turn it off. Like, what is it? I never watched Echo, and I never watched Secret Invasion, because I just turned it on and went, what is this? I just stopped. The other Disney, other Marvel. Marvel Cinematic Universe TV shows. Ironheart, I was, they kept the pacing quick enough. She's, Riri Williams is a young black girl from Chicago.
Starting point is 01:54:04 She's a genius, she goes to MIT. She's a scumbag, gangbanger, and she starts stealing technology from MIT and selling it on the black market, so they expel her. So she steals a prototype Iron Man suit she's building. They deactivate it mid-flight. She crashes, takes the scraps, joins a gang, rebuilds the suit, and then they go around
Starting point is 01:54:23 stealing and murdering people. So she's a villain? She's absolutely a villain, rebuilds the suit, and then they go around stealing and murdering people. So she's a villain? She's absolutely a villain. Oh. They're making stories about villains now as the main characters? I mean, ask Ryan Coogler. Who's that, man? He's the director.
Starting point is 01:54:35 He's like, bear in mind. So basically, in Black Panther 2, she's recruited as a good guy to help. So the story is she develops a vibranium detector, which nobody thought was possible, because she's a genius. So the Namor and his people, whatever they're called, want to kill her because they're like, her detector is going to find us because we have vibranium.
Starting point is 01:55:01 And so then they bring it to Wakanda to protect her or whatever. But then in Ironheart, she's just selling MIT technology on the black market because she wants money because she needs it. Does it take place before Wakanda? Is this like her origin story? OK.
Starting point is 01:55:15 After. And then she steals the suit and it's locked with MIT proprietary operating system. So they deactivate her control and she crashes. And then she programs her own AI and then she's like, I need money. So a criminal gang comes and recruits her. And here's the funniest thing about it.
Starting point is 01:55:33 Here's how the criminal gang steals money. Will, you're gonna love this. Okay. The criminal gang has these circuitous plans. They've got two people who fight. They got a hacker who can shut down the security systems. So there's this woman and she's this wealthy magnate who created a tunnel system where cars can move through Chicago much more quickly by going down and then zipping through the city.
Starting point is 01:55:54 And so they're like, here's the plan. You go in, fight the security guards, shut it down. Then hacker goes in, freezes the system. Then Riri goes in and puts the virus in or like that will give the access. So take the security guards, Riri goes in, implants a virus to the USB, hacker then takes over the system, the car freezes and the bad guy, the hood, will then de-invisible himself in the car and force her to sign a contract paying them six figure salaries.
Starting point is 01:56:23 I knew the lawyer would love that. I went, what? That's the payoff? Force him to sign the contract. And then I was like, wait. Then you sign the contract. She's like, I'm not paying. You're like, I'm going to sue you.
Starting point is 01:56:38 And then you go to court, and the woman's like, I was coerced. I didn't sign these contracts. Or better than that, she signed the documents, and she says, I'll need the direct's like, I was coerced. I didn't sign these contracts. Or better than that, she signed the documents. And she says, I'll need the direct deposit information, which he doesn't give her. If he does, she leaves and goes, here's the guy who just robbed me.
Starting point is 01:56:55 Did you say the name of the indicator was Riri? R-E-R-E? R-I-R-I. OK, because Riri is a slur for people that are retarded. Yes, yes. It's a slur for, you know, people that are retarded. Yes, yes. That was a slur from like my childhood. That are, you know, re-ree. So the only, there is a possibility
Starting point is 01:57:12 they can recover this. Three episodes have come out, the next are coming. They could recover this. The contract could be made to make sense. If the contract is actually a deal with Mephisto, a demon in the Marvel universe. However, because these ultra wealthy people didn't address the absurdity of signing a contract,
Starting point is 01:57:30 it doesn't really work. It would have actually been pretty good writing if he goes, he breaks into this rich guy's house, and then they're like, what do you want, money? And he goes, I want you to sign this contract. And the guy goes, is that a joke? He's like, you can never enforce anything like this. What do you think you're doing?
Starting point is 01:57:44 He goes, then if you don't care, sign it. And the guy goes, I sign this, you'll leave? Fine, signs it. And then the ink burns. That's awesome. And then Mephisto, so basically the bad guy has sold his soul to a demon. We don't know if it's Mephisto.
Starting point is 01:57:57 And he's got, he can turn invisible. And when he shoots his bullets, they go wherever he wants them to. So it's watchable. I'm having fun. It's just stupid childish writing that makes no sense. If I was like, I hope that's the story. They're not doing it very well if it is, but I hope that's it.
Starting point is 01:58:15 Because like how the sign a contract. Ah, Mephisto is a demon. He doesn't care whether you are coerced or not. You agreed to sign it. And then basically these wealthy people are like, I'm not going to pay you a dime. And he goes, you agreed to sign it. And then basically these wealthy people are like, I'm not gonna pay you a dime. And he goes, I never wanted the money. And then Mephisto appears and says,
Starting point is 01:58:29 you signed a deal with me. And then he basically, you know, does demon stuff. But I don't know, I think it's watchable. It's just kind of, like the writing like that is like dumb. You know, and then she double crosses him because she thinks he's gonna double cross her. And she's just a villain. She's just a real villain.
Starting point is 01:58:46 Punisher was about as evil as you can get as a good guy. And I don't think he was evil. He's not evil. He was just vindictive. He wasn't really you too. He's, who plays him? John Bernthal? He was evil, but he was a good guy, but he was evil.
Starting point is 01:59:00 He was a killer. I don't know if he's evil. Full-blooded mercent. He's not good. Yeah, he's not, he's evil. We call him an anti-hero for a reason. He don't know if he's evil. Cold-blooded mercent. He's not good. Yeah, he's not, he's evil. We call him an anti-hero for a reason. He doesn't hurt innocent people, but he does really, really hurt people.
Starting point is 01:59:11 He likes to watch people suffer. No. He just likes it when they die. Yeah, he just, like, at least the modern versions we've seen over the past couple decades, he just, there's no torture. He's just like, bad guy, bang, you're dead. He doesn't just, he doesn't want to punish them.
Starting point is 01:59:27 I think it's the punishment that he enjoys, isn't it? All right, I should, we'll grab, we'll grab one more here. What do we got here? Trey Bay says, dude, I want to invite you to Camp David, and I have tried to reach out individually with no response, what say you? David?
Starting point is 01:59:44 Sure. Residential David? Sure. Residential retreat? Right. That civilians don't get to go to? Yeah, I was, yeah, so I was like, who has the authority to do that? President. Are you, is this Trump?
Starting point is 01:59:55 Trump probably. So he's been watching the whole time. I think Trump would probably find a way to invite you that didn't use you. And he's typing real slow with one finger like, is Trump the real Hydra? Look man, I'm wondering who that guy is. I started coming down to doing the show here
Starting point is 02:00:06 by sending a super chat, maybe Donald Trump is sending super chats as well. To be fair, you'd been on the show several times. That's true. I mean, well, you've interviewed Trump, so maybe. Okay. You've interviewed Trump and Netanyahu, probably the most consequential people of our time.
Starting point is 02:00:19 I don't really interview Netanyahu. Oh, you had a discussion. You showed one. It was actually kind of like people arguing with him. And it was funny. I've told the story. He basically was like, if Iran gets a nuke, they're going to nuke you next.
Starting point is 02:00:32 And then I'm not going to say who, but they went, no, they're not. And it was to his face. And everybody chuckled and started laughing. There were a couple, nobody agreed, even the pro-Israel people there who were very much like, we want you to stop Iran. I would say two thirds of the people there were like,
Starting point is 02:00:48 no, stop, nobody wanted to understand it. But wait, wait, wait. Foreign minister comes and tries to scare people, especially people powerful in the media here, they don't really buy it. Trey Bae, DM Ian. Trey Bae DM Ian? What does that mean?
Starting point is 02:01:04 Trey Bae is the guy who wants to. Who wants to DM me? He wants to invite me to Camp David. Oh yeah. So I said, reach out to Ian. Yeah, yeah, send me a message on Twitter. On X. On X, on X and I'll follow up from there.
Starting point is 02:01:16 Trey Bay. Thanks dog. And yeah, that's the easiest way to do it. It's really hard for me to have contact with people. Like my phone, I don't really have a phone anymore. I've got, there's a bunch of phones that are used for the company and when they ring, I don't answer them.
Starting point is 02:01:30 Weird phenomenon too, if I respond to people, I usually get a follow-up message, a third message. Like they'll say, hi, you're so great. I'll be like, if I say thank you, they come back again with more, they like, they feel like now we're friends and then I don't respond, I feel real bad. Like I leave them hanging.
Starting point is 02:01:43 So sometimes I just don't respond. But I got your screen name Treba33. All right, everybody smash the like button, share the show with everyone. Thanks for hanging out this Friday night. I know it's a summer Friday night and everybody's out partying, but you guys are hanging out with us
Starting point is 02:01:57 and it means the world to me and to everybody here. So follow me on accent Instagram at Timcast. Will, do you want to shout anything out? Yeah, follow me at Will Chamberlain. Follow what article 3 project does it a 3p action org and the National Conservatism Conference is September 2 to 4 in Washington DC will have a bazillion incredible speakers last year We had Stephen Miller Tom Homan Josh Hawley number those Steve Bannon will be speaking this year He wasn't able to last year because he was in jail this year He's not and he'll be he's a headliner Josh Hawley will be there and year. He wasn't able to last year because he was in jail. This year he's not. And he's a headliner.
Starting point is 02:02:25 Josh Hawley will be there. And probably a lot more people will have more announcements coming up. I'd like to see you debate Thomas Massey at some point, if you're into it, if you guys ever hang out together. You want to? I'll debate him. Doesn't have to be a debate either, but just we talk.
Starting point is 02:02:37 I mean, we can talk about this stuff. I just, you know, I've been pretty hard on Massey. So if he's willing to, I'm willing to. Super cool. Hey, thanks for coming in. Good to see you, brother. And I'm at Ian Crossland. Follow me at Ian Crossland.
Starting point is 02:02:46 Check out the Culture War this morning, if you didn't see it, with Ashton Forbes, myself, Tim Poole, and Dr. Yu, and he, man, we, I think we revolutionized the scientific community, it was pretty cool. We discovered everything. It was wonderful, wonderful. That was fun, it was fun, it was weird stuff. It was bizarrely awesome, huge, super cool,
Starting point is 02:03:03 so check it out at the Culture War. I think it's on Rumble and on YouTube. Phil Labonte. What's up, man? I am Phil that remains on Twix. I'm Phil that remains official on Instagram. The band is all that remains. Our new record is called Anti-Fragile. You can check it out on YouTube, Apple Music, Amazon Music, Spotify, Pandora and Deezer.
Starting point is 02:03:18 Don't forget the left lane is for crime. We got clips up throughout the weekend. Thanks for hanging out and we'll be back, Tim Kestrel, on Monday. But don't forget, one week from now, what day is it? Friday. No, how dare you? Friday the 13th.
Starting point is 02:03:35 I'm just making stuff up. One week from now, today, the day. It's the 27th. The 27th of the month, coming at you. What is one week from today in fourth? Yeah, it's Birth of America. I just did the math. Thanks for hanging out. We'll see you all next week

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