It's a brand new year, and surely this year cannot be stupider than last year. Aside from my children badgering me, and aside from me not getting enough sleep as I should have over the break, it turns out many stupid things happened over the course of the break. Perhaps the stupidest was this thing that happened in Congress yesterday, and it's indicative of where this year is going, and then we'll get to the actual big news stories of the day. Today's episode features: 1. Congress opening prayer 2. 12 Senate Republicans say they will join House Republicans in challenging electoral votes 3. Two Republican senators fight for their lives in Georgia 4. The New York Times cheers on a hit job against a 15-year-old girl 5. The word "Amen" has literally nothing to do with gender 6. It's a sign of solidarity, and yet somehow, somehow, it's a gendered language? 7. We are supposed to say it after prayers? 8. We say it in the name of the monotheistic God, Brahma? 9. We're supposed to pray to women? 10. We don't have a word for women in Hebrew? 11. We can't even say the word 'Amen'? 12. We need a Gendered word? 13. We should say it? 14. Why do we say it like that? 15. Why does it matter? 16. Why is it so much? 17. What are we supposed to be gendered? 18. What does it mean? 19. What is it matter to you, anyway? 21. What's the point of the word Amen? 22. Do we need a word in Hebrew to you to be a woman and not a man? And so on and so on? 23. Is it a word that's not a word you can't be a man and a woman or a woman? 24. Do you know what it means? 25. Does it have anything other than a G? or a man or a word other than Gendered or male or female? 26. What do you want me to say in Hebrew or male and male? ? 27. I don't think it's just a word I can be a GENDER? 29. I'm not a woman but a woman, right?
00:00:23.000Speaking of which, social media companies, they think that you shouldn't be able to decide what information you can and cannot see.
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00:00:40.000One big problem with big tech companies, not only do they censor what you read, they will actually track what you do online.
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00:00:47.000They use that data to serve you ads that can match your activity to your offline identity using your device's unique IP address.
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00:01:46.000So many things have happened while I was out.
00:01:50.000Aside from my children badgering me, and aside from me not getting enough sleep as I should have over the break, it turns out many stupid things happened over the course of the break.
00:02:00.000Perhaps the stupidest was this thing that happened in Congress yesterday.
00:02:03.000I'm just gonna mention this briefly because it is indicative of where this year is going, and then we'll get to the actual big news stories of the day.
00:02:09.000So, yesterday, Congress opened with a prayer.
00:02:13.000The prayer with which Congress opened is, I believe, the stupidest thing I have ever heard in all my life.
00:02:51.000So just to be straight, this human said, a man and a woman.
00:02:56.000Now, as the designated Jew in your political life, let me just remind you, as a Hebrew speaker, the word amen is not an English word.
00:03:04.000It comes from the Hebrew word amein, which you say after prayers, which can originally be traced etymologically speaking to the word emet, which means truth.
00:03:37.000And yet somehow leftists have decided that the term amen, because it is spelled A-M-E-N and includes the word men, somehow is gendered language.
00:03:47.000And so we are also supposed to say after prayers, a women.
00:03:53.000Number one, not only is that radically stupid on an etymological level.
00:03:57.000I mean, you would have to take the word amen, take it down to the pit of despair from the princess bride, put the torture machine on it, and torture it until it tosses out some sort of gendered variant.
00:04:07.000Not only is that stupid on that level, it would also then be meaningless.
00:04:11.000Why would you end a prayer Any prayer, and then just say, man.
00:04:18.000Beyond that, it's doubly idiotic, because it turns out that people on the left don't actually believe that men and women are real concepts, right?
00:04:48.000And I think that the year can only get dumber from here, unfortunately.
00:04:52.000Okay, so, over the weekend, huge news breaks from the Washington Post.
00:04:57.000The huge news that breaks from the Washington Post is this phone call that President Trump and his Chief of Staff, Mark Meadows, had with Brad Raffensperger, who is the Georgia Secretary of State.
00:05:08.000The Washington Post originally released about a four-minute segment of it, then they released the entire transcript and the entire phone call.
00:05:59.000And track number two is the president saying that, and he says this repeatedly, that he wants Georgia to basically rejigger their calculation so that he won the state.
00:06:11.000So a lot of people are reading that statement as though Trump is trying to blackmail the Secretary of State of Georgia into manufacturing votes so that he wins the state.
00:06:20.000In other words, Trump believes that there was widespread voter fraud and voter irregularity in Georgia.
00:06:24.000Again, he has not provided proof to that effect.
00:06:26.000I believe that there is an ongoing court case to that effect.
00:06:29.000Even if you were to flip it in Georgia, by the way, it wouldn't shift the outcome of the election because Pennsylvania, Wisconsin, Arizona, etc.
00:06:35.000But say, for example, that, you know, all that were brought in court.
00:06:39.000You can make those allegations in court, but many of the things that he has alleged have not actually been proved.
00:07:04.000There's not evidence here that he actually threatened Raffensperger with anything.
00:07:08.000He doesn't have the power to threaten Raffensperger with anything because Raffensperger hasn't committed a crime.
00:07:13.000When he says things like you're taking a big political risk, that happens to be true, right?
00:07:17.000I mean, it is a big political risk for Raffensperger.
00:07:19.000This has been true since Trump decided to basically contest the Georgia election.
00:07:22.000But there are some things that are true about this call and some things that are false about the call.
00:07:26.000And so we'll play a couple of clips of it, and then I'll explain what is true about the call and what is false about the call.
00:07:29.000And then we'll get to the broader issue, which is that Republicans, as of Now, do you think it's possible that they shredded ballots in Fulton County?
00:08:34.000This is how Trump has operated literally his entire political career, is that he hears a thing, he then puts it out of his mouth, and it is a different thing.
00:08:44.000So he says, have you guys been shipping into Dominion voting machines?
00:08:48.000And Raffensperger guy says, no, no machines have been shipped out of state.
00:08:52.000And then he says, well, Have you taken parts out of Dominion voting machines?
00:08:57.000And we're now in the realm of things that are unevidenced.
00:09:18.000I just want to find eleven thousand 780 votes, which is one more than we have, because we won the state.
00:09:30.000So as you hear there, he says, look, all I want to do is this.
00:09:33.000I just want to find 11,780 votes, which is one more than we have because we won the state.
00:09:36.000OK, so what the media are saying, he is saying, is that he is saying to Raffensperger, I want you to manufacture those votes out of thin air.
00:09:42.000And I don't care whether there was voter fraud or voter irregularity.
00:09:45.000I want you to go under your bed and I want you to find votes for Donald Trump.
00:10:15.000Now, the reason it's bad enough what he's doing is because if you actually care about voter fraud and voter irregularity, you shouldn't be tying that to results.
00:10:21.000What you should say is I'm concerned about voter fraud.
00:10:23.000I'm concerned about voter irregularity.
00:10:24.000There are a bunch of outstanding allegations that have been made that you have not answered.
00:10:28.000And so I want specific answers on those, not because the margin of victory Is the key issue, not because I want you to get to that 12,000 votes and flip the state, but because I care about voter fraud and voter irregularity.
00:10:38.000So for people who seriously want to rejigger the system, it can't be a self-interested pursuit.
00:10:42.000It can't be I care about voter fraud and voter irregularity because it hurt me.
00:10:46.000It has to be I care about voter fraud and voter irregularity generally, right?
00:10:50.000That is the biggest problem with Trump's phone call.
00:10:53.000The specter of a candidate in an election calling up the election official as President of the United States and telling him that he is upset that the margin is 11,000 votes and that he doesn't really care about the voter fraud and voter irregularity.
00:11:25.000It's certainly true that when the president calls you up and says he wants you to find a thing, you feel pressure to find the thing.
00:11:31.000That does not mean that there's an actual Attempt by Trump to actually punish Raffensperger in any way other than the sort of overtly political yelling at Raffensperger, which he's been doing for months since the election itself.
00:11:44.000Okay, so that was the big story last night is the tape and people suggesting that Trump was trying to get Raffensperger to manufacture votes.
00:11:50.000It doesn't mean the phone call was good.
00:11:51.000Again, kind of like Ukraine, the phone call can be bad.
00:11:54.000And also, it cannot be what the media is saying that the phone call is.
00:11:58.000Okay, in just a second, we're going to get to the broader issue, right?
00:12:01.000Because the phone call is Off to the side and somewhat irrelevant to the broader issue of what Congress is going to do on January 6th.
00:12:08.000We're going to go through the entire process.
00:12:10.000We're going to talk about what various Congress people and senators are talking about doing right now.
00:12:14.000We'll get to that in just one moment first.
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00:13:32.000Okay, so meanwhile, the big story through the week is not gonna be this Trump tape, which is going to disappear into the ether as far as people who care about it within the next 48 hours.
00:13:42.000The media are gonna try and blow it into Trump did something quote unquote impeachable or he committed some sort of criminal offense.
00:13:50.000It can be immoral without the thing being criminal or impeachable.
00:13:53.000Okay, but the bigger question is what's going to happen on Wednesday.
00:13:57.000So just to set the stage, the way that this typically works, okay, the actual process under the Electoral Counts Act is that, and the Electoral Counts Act was created in 1887.
00:14:07.000I'll explain the background in just a second.
00:14:09.000The way that this works is that members of Congress are empowered to object to individual state electoral college returns.
00:14:16.000It is the Congressional Research Service, summing up the Electoral College Act as it currently stands.
00:14:19.000stands, quote, objections to individual state returns must be made in writing by at least one member each of the Senate and House of Representatives.
00:14:26.000If an objection meets these requirements, the joint session recesses and the two houses separate and debate the question in their respective chambers for a maximum of two hours.
00:15:10.000That we find out that an elector was supposed to vote for Donald Trump and voted for Joe Biden because Hunter slipped him cocaine or something, right?
00:15:16.000And then lawfully certified means that the governor Has to actually certify the ascertainment process.
00:15:24.000So lawfully certified just means that the governor did what he's supposed to do.
00:15:27.000And if it was not lawfully certified, then the House can debate this sort of stuff.
00:15:30.000Under those particular challenges, electors would then be discarded, and that would change the math necessary for victory.
00:15:37.000Now, it is not unprecedented for these challenges to happen.
00:15:40.000It is unprecedented for the size and scope of the challenge now being contemplated by the Republicans to happen.
00:15:44.000We'll get to that in a second, but it's not unprecedented.
00:15:46.000Back in 2005, January 6th, 2005, according to CNN, Alleging widespread irregularities on Election Day, a group of Democrats in Congress objected Thursday to the counting of Ohio's 20 electoral votes, delaying the official certification of the 2004 presidential election results.
00:16:01.000The move was not designed to overturn the re-election of President Bush, said Ohio Representative Stephanie Tubbs Jones and California Senator Barbara Boxer, who filed the objection.
00:16:09.000The objecting Democrats said they wanted to draw attention to the need for aggressive election reform in the wake of what they said were widespread voter problems in Ohio.
00:16:17.000The House of Representatives and Senate met, this is again in 2005, in a constitutionally mandated session to count the electoral votes.
00:16:23.000Vice President Dick Cheney presided over the session.
00:16:25.000The results from each state, read in alphabetical order, were ticked through quickly until Ohio was called, and then a clerk wrote a letter from Boxer and Tubbs-Jones, and then the chambers had to split, and then they argued about each other, were with each other, and then they came back together, and that was sort of the end of that particular process.
00:16:41.000Now it is worth noting that there was fairly significant, if not support, then tacit unwillingness to shut down Barbara Boxer by some top Democrats.
00:16:59.000But among people who went silent, James Clyburn, who's now the majority whip for the Democrats, this is Nathan Wurzel reporting, Frank Pallone, now chairman of Energy and Commerce Committee, Maxine Waters, who's chairwoman of Financial Services, Ed Markey, who's now a senator, and John Lewis.
00:17:14.000So there was some support for this, or at least tacit support, for this process back in 2005.
00:17:19.000Now Barbara Boxer, of course, is claiming there's no comparison.
00:17:23.000Now, there absolutely is a comparison.
00:17:25.000Barbara Boxer was the dumbest member of the United States Senate until her retirement.
00:17:29.000She has not gained in intelligence since leaving office.
00:17:31.000Here was Barbara Boxer on CNN the other day.
00:17:33.000Well, there's no comparison to what Congresswoman Stephanie Tubbs Jones and I did in 05.
00:17:40.000Number one, John Kerry had conceded the race.
00:17:45.000We have a president here who's orchestrating kind of an overthrow of the election.
00:17:49.000Secondly, we said up front, we had no interest.
00:17:53.000We said up front, we had no interest in overturning the election.
00:17:57.000All we wanted was to focus on voter suppression that we saw.
00:18:31.000But for this level of support to be thrown behind it, that is somewhat unprecedented.
00:18:34.000So we're going to go through the legality here, because I know there's a big debate here on the right about what is legal and what is not, what the Constitution is designed to do, how you cancel electoral votes.
00:18:43.000We're going to go through all the details in just one second, so you know more than you did before this show began.
00:18:49.000First, let us talk about your future and your specific goals.
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00:20:21.000Okay, so we'll stop right there for just a second because there are some people who are now claiming that Vice President Mike Pence is supposed to somehow not count the votes.
00:20:33.000That it's his job to determine whether the votes are legit and then just not count the votes that he doesn't like.
00:20:43.000Like, on just a normal constitutional level, the idea of the vice president being able to unilaterally decide who's president is totally crazy, particularly when you're talking about the vice president very often being on the same ticket as a person who is running.
00:20:56.000Can you imagine back in 2004, Dick Cheney just deciding, you know what?
00:21:33.000And not only has he been telling people not to vote in the Georgia Senate runoffs, which we'll get to in a little bit, he is now suggesting that Vice President Pence is going to be in jail.
00:21:40.000Okay, I'm just going to point out that if you're paying attention to Lin Wood, at this point you're, You're being- I don't know what to tell you.
00:21:53.000Pence will be in jail awaiting trial for treason.
00:21:55.000He will face execution by firing squad.
00:21:57.000He is a coward and will sing like a bird and confess all.
00:22:00.000Okay, other things that Linwood has tweeted over the past 24 hours, quote, I believe Chief Justice John Roberts and a multitude of powerful individuals worldwide are being blackmailed in a horrendous scheme involving rape and murder of children captured on videotape.
00:22:14.000I have the key to the files containing the videos.
00:22:17.000This blackmail scheme is conducted by members of 10 of the world's most well-known and elite intelligence agencies.
00:22:22.000One of those groups was hacked by a group known as Lizard Squad.
00:22:25.000The blackmail files of rape and murder were obtained by this group and copy was provided to Isaac Cappy.
00:22:33.000After Cappy received the hacked files from members of Lizard Squad, he gave files to one friend and the encryption key to another friend.
00:22:39.000He provided this information to his friends shortly before he was murdered in May 13, 2019.
00:22:45.000Members of Lizard Squad were jailed for hacking.
00:22:48.000Jeffrey Epstein used this same blackmail scheme of child rape and child murder to either further his own interests or those of any intelligence agency with whom he worked.
00:23:16.000And by the way, if January 20th arrived and Joe Biden had not actually been designated the president-elect of the United States beforehand, you know who'd become president?
00:23:24.000Trump doesn't just keep being president on January 20th if the office is vacant.
00:23:28.000Then the House of Representatives decide who's president.
00:23:30.000So get ready for President Pelosi if this is actually how you think it's gonna go.
00:23:32.000So I'm just pointing out the bad legal analysis so you know where it is.
00:23:35.000Here's Peter Navarro, who is not a good lawyer.
00:23:39.000Vice President Pence, he has the authority to give that 10-day window to do what needs to get done, and I cannot imagine when he looks at the facts, he won't vote the right way on that.
00:23:51.000And you know, Peter, the interesting thing is that that 10 day window is it is something that they can change the date.
00:23:58.000The first January 20th cannot be changed.
00:24:33.000The legal analysis here is, I think, pretty faulty.
00:24:37.000And strategically speaking, it is not going to end with Trump being retained as President of the United States.
00:24:42.000There's literally no way for that to happen under the current process.
00:24:46.000Even if it were legal, it would not be effective.
00:24:49.000Okay, so we're gonna get to that in one second.
00:24:50.000I'm gonna analyze the whole issue for you.
00:24:52.000We'll go through all the arguments, because people who I really respect on the legal side are making counter-arguments.
00:24:57.000We'll go through all of them, so you'll have all the information at your disposal.
00:24:59.000First, let us talk about the fact that a good New Year's resolution would be not going to the post office for tasks you can complete from home.
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00:26:38.000Alrighty, so now let's go through the actual Electoral College process.
00:26:40.000So I've told you about how challenges take place under the Electoral College Act.
00:26:44.000You need to know the history of the Electoral College Act to know what we are attempting to avoid.
00:26:49.000Okay, so the reason that the Electoral College Act was originally passed, I'm gonna give you all the legal background on all the relevant laws, and then you can decide for yourself whether you think there's a good effort or a bad effort or a malign effort.
00:26:59.000Okay, so let's begin with the 1876 election.
00:27:02.000So the Constitution is actually not particularly clear on what happens if there is controversy within a state sufficient that the electors, that separate slates of electors are sent to Congress.
00:27:11.000So here's what happened in 1876, right?
00:27:13.000Remember, this is only about a decade after the end of the Civil War.
00:27:18.000So the prospect of violence is still very real.
00:27:19.000There's still very large-scale questions about voter suppression and voter fraud, particularly in the South.
00:27:25.000So, it's an election between Rutherford B. Hayes, Rutherford B. Hayes, who is the Republican, and Samuel Tilden, who is the Democrat.
00:27:31.000So, Hayes' support is entirely Northern, with the exception of New York, which went for Samuel Tilden, because New York had some fairly severe feelings about race, obviously, that were pretty wrong and despicable.
00:27:47.000And in the South, there are a bunch of states that are in controversy, because it's pretty obvious that the South is very much in favor of Samuel Tilden, the Democrat, but a lot of people can't vote.
00:27:57.000A lot of people, there are carpetbaggers, like there are some real problems of voter irregularity, and there are serious questions as to who really should be able to vote, considering that 11 years earlier, a lot of these people were literally fighting each other in the streets.
00:28:09.000Okay, so, during that election, during the 1876 election, multiple Southern states actually sent several competing slates of electors.
00:28:16.000Republicans claimed in those Southern states that voter intimidation and fraud had been the reason that Tilden was declared the victor in places like Louisiana and South Carolina.
00:28:24.000Tilden had won the popular vote by over a quarter million votes nationwide.
00:28:27.000He did not have an electoral college majority.
00:29:07.000Hayes supporters, who are Republicans, argued that the Vice President should count the votes under the Constitution and disregard slates he didn't like, right?
00:29:13.000This is the issue that we were discussing before.
00:29:15.000The two sides instead agreed to set up a special committee charged with developing a way of solving the issue.
00:29:20.000The Senate voted 47-17 in favor of this.
00:29:25.000The way that this committee worked is that five representatives were selected by the House, five senators were selected by the Senate, four Supreme Court justices were named, and then a fifth Supreme Court justice would be selected by the other four.
00:29:35.000So they came up with a committee, five members of the House, five senators, five Supreme Court justices.
00:29:40.000Democrats argued that every single election should be investigated.
00:29:43.000Republicans argued instead that governor's certification was the final word.
00:29:47.000Democrats then tried to filibuster vote counts from nearly every state.
00:29:52.000Eventually, Democrats basically just gave in because the committee came down and found that the slates of electors from the governors should be respected.
00:29:59.000The real outcome here was not solved by the commission.
00:30:02.000It was not solved by an investigation or anything like that.
00:30:04.000The real outcome was solved by one of the worst things that has happened in the racial history of the United States, the Compromise of 1877, under which Rutherford B. Hayes became President of the United States, despite losing both the popular vote and probably the Electoral College vote.
00:30:17.000Okay, so you have this mess of an election, only solved by the end of Reconstruction, essentially, which is not much of a solution.
00:30:21.000So, they come up with the Electoral Count Act.
00:30:22.000grow. Later investigations, by the way, showed no wrongdoing by Rutherford B. Hayes. It did show Democratic attempts to bribe election officials in disputed states. Okay, so you have this mess of an election only solved by the end of Reconstruction, essentially, which is not much of a solution. So they come up with the Electoral Count Act. The Electoral Count Act of 1887 sets out the process that we referred to before, which is that the vice president opens these votes, he counts the votes, and then a member of Congress and a senator can get together and challenge the votes of both
00:30:51.000houses, then recess to go debate it. And then they come back together. And if both votes of the congressional bodies decide that they are going to throw out votes from a particular state because they're illegitimate or something, then they go ahead and they do that.
00:31:09.000Because the fact is that the Constitution was not really meant to have a majority in Congress simply decide who the President of the United States is.
00:31:17.000That's really not what was supposed to happen here.
00:31:20.000That would actually allow the federal government to override state governments.
00:31:23.000The real question, and this is what the Electoral Count Act says, is you have to have specific grounds for challenging votes.
00:31:28.000One would be something like bribery of electors, and the second would be that the governor did not certify the slate of electors.
00:31:39.000US Code Title III, this is passed in, I believe, 1948.
00:31:43.000It says, quote, if any state shall have provided by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such state by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, made at least six days prior to said time of meeting the electors, shall be conclusive and shall govern in the counting of the electoral votes
00:32:11.000as provided in the Constitution, and as here and after regulated so far as the ascertainment of the electors appointed by such state is concerned.
00:32:18.000In other words, if a state takes advantage of the safe harbor provision, remember this, we discussed this late in December, if the safe harbor time hits, Okay, which is made six days before the time fixed for the meeting of the electors and the states have certified their votes, we are done here.
00:32:33.000Okay, now challenges really are not relevant because at least when it comes to lawfully certified.
00:32:41.000In other words, once the governor says, this is the slate of electors and he does so within the safe harbor period, these are now the electors.
00:32:47.000Okay, and the challenges to the electors cannot be based on whether they were quote unquote lawfully certified.
00:32:51.000It can only be based on regularly given, right?
00:32:54.000Which would mean normally bribery or fraud.
00:32:57.000So that is where things sort of stand.
00:33:00.000That is the legal background for all of this.
00:33:03.000So over the last couple of weeks, there's been growing momentum for challenging electoral votes in Congress in the same way that Barbara Boxer did in 2005, in the same way that some Congress people did in 1969.
00:33:14.000And this has been led on the House side by Representative Mo Brooks of Alabama, who said over the weekend that they were gaining a lot of momentum.
00:33:20.000He said, our fight for honest and accurate elections gains momentum.
00:33:23.000Jim Jordan and I co-lead conference call with 50 plus congressmen who join and fight for America's Republic.
00:33:36.000As Chip Roy of Texas has pointed out, it's odd that all these congresspeople who were literally elected in the same election in which they're now claiming that electoral college votes should be thrown out are challenging the electoral college votes but not their own election.
00:35:08.000So instead, what you are seeing, because in some cases it's either posturing or it's an attempt to fight voter fraud by drawing attention to it, is that this is what Congress people are saying.
00:35:18.000And so Josh Hawley puts out a statement, this is the senator from Missouri, who I think is pretty clearly attempting to run for president in 2024 and capture a lot of the Trump base.
00:35:31.000I mean, it is true, by the way, that some Democrats in Congress tried to object to certification of electoral votes during the 2016 election.
00:35:37.000That was gaveled down by Joe Biden in the Senate.
00:35:38.000I mean, it is true, by the way, that some Democrats in Congress tried to object to certification of electoral votes during the 2016 election.
00:35:45.000That was gaveled down by Joe Biden in the Senate.
00:35:48.000Joe Biden was the was the vice president at the time.
00:35:50.000How he said they were praised by Democratic leadership in the media when they did.
00:35:59.000I mean, no one's saying you can't try this.
00:36:01.000I'm just saying it's not really well legally predicated.
00:36:04.000And the basic model here, which would be that any time you don't like the outcome of an election, you and a majority of Congress can simply throw out all electoral college votes.
00:36:14.000That is clearly not what the constitutional structure was meant to create.
00:36:18.000Remember, the Electoral College is supposed to represent the states.
00:36:26.000The point of the Electoral College is that the states are supposed to appoint the electors.
00:36:30.000Once the states have appointed the electors, the federal government does not have cause to simply throw out slates of electors absent obvious evidence of fraud that was not presented in court here.
00:36:40.000Because, again, court after court, many of them Trump judges, said you're not even... I mean, the Trump team didn't even allege fraud in a lot of these cases, particularly Pennsylvania.
00:36:48.000In any case, Halley says, I cannot vote to certify the electoral college results on January 6th without raising the fact that some states, particularly Pennsylvania, failed to follow their own state election laws.
00:36:58.000Okay, so we'll get to this argument in a second, which is that the electoral college vote from Pennsylvania should be thrown out despite state certification because it violates the federal constitution.
00:37:06.000That's an argument that my friend Mark Levin makes, and it's an interesting argument.
00:37:12.000How he says I cannot vote to certify without pointing out the unprecedented effort of mega corporations including Facebook and Twitter to interfere in the election in support of Joe Biden.
00:37:35.000But that doesn't give you a legal predicate for challenging electoral college votes.
00:37:40.000In any case, Howley says, for these reasons, I follow the same practice, Democrat members of Congress have in years past and object during the certification process on January 6th to raise these critical issues.
00:37:49.000Okay, well, then because Howley does that, right?
00:37:52.000Then because Josh Howley has challenged the electoral votes and you now have one Senator, that was the question is whether one Senator would go along with members from the House to actually jump into this process.
00:38:03.000Because of that, you see a lot of other members of the Senate who, again, want to demonstrate fealty to Trump and demonstrate fight and demonstrate that they don't like the outcome of the election, jumping on board.
00:38:14.000Again, I don't think there's a lot of legal basis to this, as I will explain in just one second.
00:38:19.000Hey, first, let us talk for a second about shopping for auto parts.
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00:39:48.000When you go to work, people think conservatives are just bad people.
00:39:52.000When you are on Facebook, if you're a conservative, your friends, family, co-workers, they will treat you as though you have some sort of brain cancer if you say you're a conservative.
00:44:19.000The movie's badass. Okay, the movie is just it's excellent.
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00:44:56.000We are really pumped to show you this film and bring you something that's never been done before in conservative media.
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00:45:43.000All right, so Josh Hawley signifies that he is going to join Mo Brooks and he is going to challenge these electoral college results.
00:45:54.000And he says that he wants to do so in order to put a spotlight on what has happened in Pennsylvania and on allegations of voter fraud and also on Big Tech.
00:46:01.000So, yeah, again, I think that what he says about Big Tech is 100% right.
00:46:04.000I don't know what it has to do with challenging Electoral College votes.
00:46:06.000So, this prompts a bunch of other Republican senators to jump on board, including Senators Ted Cruz, Ron Johnson, James Lankford, Steve Daines, John Kennedy, Marsha Blackburn, Mike Braun.
00:46:16.000Senators elect Cynthia Loomis from Wyoming, Roger Marshall of Kansas, Bill Hagerty of Tennessee, and Tommy Tuberville of Alabama.
00:46:23.000It said, the election of 2020, like the election of 2016, was hard fought and in many swing states narrowly decided. The 2020 election, however, featured unprecedented allegations of voter fraud violations and lax enforcement of election law and other voting irregularities. Now, the problem here, of course, is that when you say that it featured unprecedented allegations, you actually, if you're going to challenge Electoral College votes, you actually have to show unprecedented, unprecedented evidence, right?
00:46:53.000I mean, Democrats did unprecedented allegations for four years.
00:46:56.000They claimed that Donald Trump was a Russian tool, that Vladimir Putin had hired Trump, basically, to become president of the United States, and that Trump had gained the office simply by cooperating with Vlad.
00:47:07.000So that was an unprecedented allegation.
00:47:08.000Turns out they didn't have unprecedented proof, and so it came to nothing.
00:47:12.000But when Democrats complain that allegations are not sufficient, take that with a grain of salt.
00:47:17.000Whenever it's a Democrat pushing allegations, the allegations are sufficient.
00:47:20.000I'd hope that conservatives are a little bit more consistent, that allegations are never sufficient.
00:47:24.000You need actual evidence to back the allegations, whether we are talking about bullcrap about Brett Kavanaugh, or bullcrap about the Covington Catholic kids, Or whether you're talking about bull crap, about systemic American racism, like actual evidence would be necessary, not just allegations.
00:47:36.000So it's not enough to say unprecedented allegations of voter fraud.
00:47:41.000But, say the Senators, the allegations are not believed just by one individual candidate.
00:47:45.000They are widespread, because 67% of Republicans say the election was rigged, and so do 17% of Democrats and 31% of Independents.
00:47:53.000These are all the Senators on the Republican side who are going along with the challenge.
00:47:57.000Some members of Congress disagree with that assessment, as do many members of the media.
00:48:00.000But whether or not our elected officials or journalists believe it, that deep distrust of our democratic processes will not magically disappear.
00:48:55.000Who thinks that at the end of 10 days, everybody who was disquieted about the rather serious allegations of voter fraud and irregularity are gonna be, oh, you know, they took 10 days.
00:49:18.000Nonetheless, Vice President Pence's Chief of Staff said that he welcomed the effort by some lawmakers to raise objections.
00:49:24.000Mark Short said, Now, listen, again, they can do that.
00:49:25.000They can raise objections, bring forward evidence.
00:49:26.000about voter fraud and irregularity, and therefore welcomes the effort of members of the House and Senate to use the authority they have under the law to raise objections and bring forward evidence.
00:49:35.000They can raise objections, bring forward evidence.
00:49:36.000It's not going to be practical, and it's not going to end with any change here.
00:49:41.000Senator Tom Cotton, who again, is a very pro-Trump senator, right?
00:49:44.000Cotton is really a pro-Trump guy from Arkansas.
00:49:47.000He put out a statement on why he was not going to join these efforts, and I think this is systemically correct.
00:49:53.000The point that he's making is you don't want to set the precedent whereby the Congress of the United States decides to completely overlook the certified electoral college results in various states in favor of simply ruling at the federal level which votes should be counted and which votes should not.
00:50:09.000Especially because, let's just, on a practical level, point something out.
00:50:12.000Republicans, since 1992, since 19, well, sorry, since 1988, Republicans have won the popular vote, a grand total, of one time.
00:50:17.000Since 1988, Republicans have won the popular vote, a grand total of one time, once.
00:50:24.000Since 1988, since I was four years old, Republicans have won the popular national vote in a presidential election one time.
00:50:31.000So Republicans, rightly, are big fans of the Electoral College.
00:50:34.000I think on a systemic level, they should be big fans of the Electoral College, because I think the states should have a say in who gets to be president.
00:50:40.000If you have Congress overruling the states, not on the basis of proved fraud, not on the basis of proved voter irregularity, but on the basis they don't like the results, you're setting the precedent whereby, in four years, Vice President Kamala Harris Let's say that Biden is on his last legs.
00:51:19.000It's setting a very, very, very negative legal precedent here that is going to be extraordinarily counterproductive.
00:51:25.000And by the way, it's not going to end with Trump retaining the office of the presidency.
00:51:28.000Again, Democrats in the House would have to agree with Republicans in the Senate to throw out Electoral College votes, which is not going to happen.
00:51:38.000And it is not effective in any real sense, which means that it's kind of virtue signaling, unless people actually think it's going to work for some odd reason that I can't comprehend.
00:52:15.000He said, quote, I share the concerns of many Arkansans about irregularities in the presidential election, especially in states that rushed through election law changes to relax standards of voting by mail.
00:52:24.000I also share their disappointment with the election results.
00:52:27.000I therefore support a commission to study the last election and propose reforms to protect the integrity of our elections.
00:52:32.000And after Republicans win in Georgia, the Senate should also hold more hearings on these matters.
00:52:36.000Nevertheless, the founders entrusted our elections chiefly to the states, not Congress.
00:52:40.000They entrusted the election of our president to the people acting through the Electoral College, not Congress.
00:52:44.000They entrusted the adjudication of election disputes to the courts, not Congress.
00:52:47.000Under the Constitution and federal law, Congress's power is limited to counting electoral votes submitted by the states.
00:52:54.000If Congress purported to overturn the results of the Electoral College, it would not only exceed that power, it would establish unwise precedents.
00:53:00.000First, Congress would take away the power to choose the president from the people, which would essentially end presidential elections and place that power in the hands of whichever party controls Congress.
00:53:08.000Second, Congress would imperil the Electoral College itself, which gives small states like Arkansas a voice in presidential elections.
00:53:15.000Democrats could achieve their longstanding goal of eliminating the Electoral College, in effect, by refusing to count electoral votes in the future for a Republican president-elect.
00:53:23.000Okay, so Cotton happens to be legally correct about all of this, right?
00:53:45.000Friend of mine, really good guy, really obviously terrific conservative who's done enormous work in convincing Americans why conservatism is a good idea.
00:53:55.000So late in the year, he put out a piece trying to explain why electoral challenges were a good idea, particularly with regard to the Pennsylvania vote.
00:54:07.000He says specifically, Article 2, Section 1, Clause 2 of the Federal Constitution could not be more explicit.
00:54:12.000It states, in pertinent part, each state shall appoint in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the Congress.
00:54:50.000While rejecting the direct election of a president, the framers concluded that the state legislatures were closest to the people.
00:54:55.000Okay, so basically he is saying that because Pennsylvania did the wrong process for putting together their voting procedure, because courts and the governor intervened in the process, that this means that the entire state electoral college vote should be thrown out because the federal government is empowered with ensuring that each state appoints in such a manner as the legislature directs a number of electors.
00:55:18.000On the face, that makes some sense, right?
00:55:20.000I mean, the Constitution says state legislatures have to decide the process, and in Pennsylvania, it was not state legislatures that were deciding the process.
00:55:29.000And the problem is that a bunch of courts have already decided that this is not correct interpretation.
00:55:34.000And in fact, the actual meaning of the Constitution here is relatively clear.
00:55:39.000What it means is that the Electoral College is decided by the state legislature.
00:55:43.000The legislature decides exactly the manner in which the Electoral College is selected, but it doesn't mean that they have to be in charge of every single detail.
00:55:57.000So, for example, there is a judge, a recent Trump appointee named Brett Ludwig, and he ruled specifically on this argument.
00:56:23.000It means that you could have chosen to appoint electors directly, right?
00:56:27.000The state legislature could just select the electors, or the state legislature could do it by congressional district, or they could simply have the governor appoint the electors.
00:56:34.000But once they decide, then they decide, right?
00:56:37.000The approach, form, method, or mode that a legislature sets for appointing presidential electors is by general ballot at the general election.
00:56:44.000Okay, so the same logic applies in Pennsylvania.
00:56:49.000Here is what the judge said in this particular case.
00:56:51.000He said, issues of mere administration of a general election do not mean there has not been a general ballot at a general election.
00:56:58.000Plaintiff's conflation of these potential nonconformities with constitutional violations is contrary to the plain meaning of the elector's clause.
00:57:05.000If a plaintiff's reading of manner was correct, any disappointed loser in a presidential election able to hire a team of clever lawyers could flag claim deviations from the election rules and cast doubt on the election results.
00:57:14.000In other words, the Pennsylvania State Legislature said that the popular vote of the state of Pennsylvania was going to decide the outcome.
00:57:21.000Okay, then counties went ahead and did a bunch of different procedures for gathering the popular vote.
00:57:27.000A lawyer could simply say, well, the legislature didn't decide how that was going to happen, so therefore the process is broken and you can throw out those state electors.
00:57:35.000That is not what the Constitution means in this particular circumstance, I don't think.
00:57:40.000I understand where Mark is coming from.
00:57:42.000And again, I think that it sets the federal government over these states as to how they actually do their election processes, which is a mistake.
00:57:49.000You don't want the federal government actually doing that because the federal government could be controlled by Democrats, guys.
00:57:55.000As David French points out, and this is a good point, It is quite possible that then Democrats can object to Texas's electoral vote for Trump because Texas Governor Greg Abbott invoked emergency powers to modify statutory restrictions regarding the delivery of mail-in ballots.
00:58:09.000So the legislature didn't actually decide how the vote went in Texas either.
00:58:13.000So this is sort of the contrary argument to what Mark has been arguing.
00:58:21.000And again, I think Mark's argument is interesting.
00:58:24.000I don't think that it is fully convincing, to me at least.
00:58:28.000Meanwhile, Andrew McCarthy, again, a big ally of Trump, has a long piece today about this process.
00:58:33.000As he points out, the law makes pretty clear that once the state certifications are done, they are now conclusive.
00:58:38.000Says Andy McCarthy, it is not a matter of whether it is the result we would have preferred or even whether it is a result we suspect.
00:58:44.000This undeniable fact has been recognized by seven federal judges, including judges recently appointed by Trump, who have examined the Trump claims, rejected them, and disclaimed any authority under the circumstances to disturb the state's determinations.
00:58:55.000If despite all of that, Democrats were trying to orchestrate a congressional do-over, Republicans would be pointing out, with due indignation, the Constitution makes the election of a president, like the ratification of the Constitution, a matter of state sovereignty.
00:59:08.000Under our foundational law, it is the state, not the people, not Congress, that determine which candidates are receiving electoral votes.
00:59:15.000The 12th Amendment requires that the count has to be done in the presence of lawmakers, over which the vice president presides, But this sort of power grab is really not justifiable under the Constitution or under prevailing law, says Andy McCarthy.
00:59:33.000Not only that, but it's pretty obviously gonna fail.
00:59:35.000Even if you agree with the argument that there's solid legal grounds for challenging these electoral results, Democrats control the House.
00:59:41.000They're not going to vote to throw out electoral college votes in these various states.
00:59:45.000So when people say, the reason I'm spending a lot of time on this is because there are a lot of folks who seem to want to turn this into some sort of conservative litmus test.
00:59:52.000Like, if you're truly conservative, you're a true believer, then you will back these electoral college challenges.
00:59:57.000I think that there's a fairly solid conservative case.
00:59:59.000When I say fairly solid, I mean very solid.
01:00:02.000They're actually undermining a bunch of fundamental principles that you are going to be sad you undermine in five minutes.
01:00:07.000And when you say that the federal government should have the capacity to simply throw out electoral college votes on any basis they want, essentially, without providing proper evidence, That is not a precedent you want to set.
01:00:19.000Republicans in presidential elections have traditionally relied on the Electoral College to provide them victory.
01:00:23.000Again, considering that since 1988, one election, 2004, has been a popular vote victory for a Republican.
01:00:29.000You're gonna need that Electoral College.
01:00:48.000In the next two days, there is a massive election.
01:00:50.000As in tomorrow, there is a massive election in Georgia.
01:00:53.000That election is going to decide control of the Senate.
01:00:57.000Regardless of what sort of processes are attempted in the next week, regardless of the political positioning of various senators or congresspeople, Joe Biden will be certified the winner of the election.
01:01:06.000He already was by these various states.
01:01:08.000Okay, so now the question becomes, what's going to happen in the Senate?
01:01:10.000Just on a practical level, what's going to happen in the Senate?
01:01:14.000And the answer is, if Democrats take the Senate, it's going to be a full-on disaster area.
01:01:19.000Republicans in Georgia, get out and vote.
01:01:37.000There is no rationale whatsoever for handing over two Senate seats to Raphael Warnock, a Marxist radical, and John Ossoff, a trust fund socialist.
01:03:09.000Ossoff is with Purdue and Warnock is running against Kelly Loeffler.
01:03:13.000So, Raphael Warnock is getting just the golden treatment from the media.
01:03:17.000Here's a headline from the New York Times about Raphael Warnock, a racial radical who has said openly anti-Semitic things, who has praised Jeremiah Wright, who has praised Louis Farrakhan, who did groundwork for a church visit from Fidel Castro.
01:04:44.000For the past 15 years, Warnock has been the senior pastor at the storied Ebenezer Baptist Church in Atlanta, the same church once led by his hero, Martin Luther King Jr.
01:04:51.000The flamboyant, preacher-pol style Warnock cultivated may be alien to many Americans, including many white Christians, but it is deeply familiar to those who grew up in and around Southern black churches.
01:05:00.000In those churches, preachers make it their business to tell uncomfortable truths about American life, including the shameful ways the country treats its African American citizens.
01:05:44.000Kelly Loeffler has been campaigning with a Klansman.
01:05:49.000Kelly Loeffler has been campaigning with a Klansman.
01:05:53.000And so she is stooping to these vicious personal attacks to distract from the fact that she's been campaigning with a former member of the Ku Klux Klan.
01:06:03.000I mean, we deserve better than that here in Georgia.
01:07:31.000In fact, they did not do an amazing job.
01:07:33.000You can crush the curve, but it turns out that the curve then crushes you.
01:07:36.000Because if you decide on wide-scale lockdown, then when people go out, they will infect each other at extraordinary rates.
01:07:43.000And that's exactly what has been happening in L.A.
01:07:44.000County, which now posted its third highest single-day total for coronavirus cases on New Year's, reporting 19,000 cases.
01:07:50.000That means that over the last seven days, there was an average of more than 16,000 new COVID cases a day reported in the county, about 12 times bigger than the comparable figure from November 1st and the highest figure ever recorded.
01:08:01.000The tally reported Friday pushed the average number of new daily COVID cases over the last week to over 16,000, Precisely around the same time, epidemiologists warn people infected around the Christmas holiday would begin to become infectious.
01:08:28.000So this bag of tools, I mean, he's just this awful, awful governor who presided over the worst death rate in the United States, with the exception of New Jersey.
01:08:38.000Just a horrifying death rate, tens of thousands of dead in his state, because he decided to ship the elderly back into nursing homes with COVID.
01:08:45.000This awful, awful governor who suggested for months that he didn't trust a vaccine developed under the Trump administration.
01:08:53.000Now this guy is blowing it when it comes to tranching out the vaccine.
01:08:56.000So here's how we should be tranching out the vaccine.
01:08:58.000Okay, because these things have expiration dates.
01:09:00.000Once they're out of the fridge, they're out of the fridge.
01:09:02.000The way that it should work is that everybody who is elderly gets a shot.
01:09:07.000And if you hit the end of the day, and there ain't nobody elderly around, you inoculate anybody who's there.
01:09:11.000Because you don't want to waste the doses, right?
01:09:13.000Because once they're out of the fridge, they're done.
01:09:16.000So you want it better that somebody who is not in line should get the shot, than that somebody doesn't get the shot who's not in line, right?
01:09:46.000So Andrew Cuomo's plan, however, is he is so interested in the quote-unquote prioritization because he wants, I don't know, racial equity achieved via the inoculation of essential workers who are disproportionately minority or some such nonsense.
01:10:00.000He is actually threatening to fine people millions of dollars if they take the vaccine out of order.
01:10:07.000So he would rather that vaccine doses be spoiled than they go to somebody out of order.
01:10:11.000Here is this dolt who's been treated as the godsend of COVID treatment.
01:10:19.000I'm going to sign an executive order that says we're very clear the vaccines are a priority.
01:10:28.000There's not going to be any politics at play as to who gets a vaccine.
01:10:33.000And we look to the CDC, federal government, for guidance.
01:10:38.000And we will not tolerate any fraud in the vaccination process.
01:10:45.000Anyone who engages in fraud is going to be held accountable.
01:10:51.000The executive order I'm going to sign today says a provider could be fined up to a million dollars and revocation of all state licenses.
01:10:59.000Okay, so if you're knowingly not eligible, right, you came to the end of the day, there's nobody in line and there's a janitor there and he wants the vaccine.
01:11:05.000You give him the janitor, he wants to fine you a million dollars and revoke your certification.
01:11:09.000This is a recipe for losing doses of the vaccine.
01:11:18.000Speaking of which, quick scientific note.
01:11:20.000The state of California, apparently over the holiday, they moved to change insurance language on double mastectomy for gender dysphoric females, from cosmetic to reconstructive, to ensure no age limit for the procedure.
01:11:32.000Okay, so if you are a woman, and you believe that you are a male, and you want to have double mastectomies, right, you want to cut off your breasts, Now, to make sure that insurance companies cover it, they are suggesting that your breasts are, I'm not kidding you, this is how California now describes normal human female breasts.
01:12:44.000This shows you how far our culture is trashed.
01:12:46.000This is why we gotta fight back in the culture, guys, because our culture is trashed.
01:12:50.000According to the New York Times, this is a multiple thousand word story from the New York Times.
01:12:53.000Quote, Jimmy Galligan was in history class last school year when his phone buzzed with the message.
01:12:57.000Once he clicked on it, he found a three second video of a white classmate looking into the camera and uttering an anti-black racial slur.
01:13:03.000The slur, he said, was regularly hurled in classrooms and hallways throughout his years in the Loudoun County School District.
01:13:08.000He brought up the issue to teachers and administrators, but much to his anger and frustration, his complaints had gone nowhere.
01:13:14.000Okay, so he held onto the video, and then he made a decision that would ricochet around Leesburg, Virginia, a town named for an ancestor of the Confederate General Robert E. Lee.
01:13:22.000Okay, they're gonna try and connect a 15-year-old girl to Robert E. Lee by the name of the town.
01:13:25.000This is excellent journalism in here from the New York Times.
01:13:28.000Quote is from Galligan, whose mother is black and father is white.
01:13:32.000I wanted to get her where she would understand the severity of that word.
01:13:36.000He tucked the video away, deciding to post it publicly when the time was right.
01:13:45.000It is a sociopathic behavior to, when you're 15 years old, tuck away a video of a person who is 15 or, he was 17, I guess, and this kid was 15.
01:13:53.000Tuck away the video of a 15-year-old to wreck her life because she said, and I'm kidding you, what she said was, she's driving, right?
01:14:33.000This sociopathic kid decides to hold back that video until the girl is admitted to college and then to release it online to get her thrown out of college.
01:14:42.000And the New York Times shares this as a reckoning.
01:14:51.000They want every Facebook thing you have ever put up, every tweet you have ever said, anything you have ever uttered to be on tape, so they can hold it back and then use it as a club against you to ruin your life when the time is right.
01:15:02.000What broader lesson was taught other than this kid is a jerk and the New York Times is disgusting.
01:15:08.000Galligan had not seen the video before receiving it last school year, by which time he and Groves were seniors.
01:15:13.000By then, she was a varsity cheer captain who dreamed of attending University of Tennessee, Knoxville, whose cheer team was reigning national champion.
01:15:18.000When she made the team in May, her parents celebrated with a cake and orange balloons, according to the university's official color.
01:15:24.000The next month, as protests were sweeping the nation, Groves, in a public Instagram post, urged people to protest, donate, sign a petition, rally, and do something in support of BLM.
01:15:34.000And then, Galligan released the video.
01:15:37.000So she did the liberal woke signaling and he said, nope, nope, nope.
01:15:41.000Here's a video of you doing a bad thing that I'm going to deliberately interpret as racist and that I'm going to ruin your life because you said that you were in favor of BLM.
01:15:51.000And the New York Times cheers it, cheers it.
01:15:54.000Groves was removed from the university cheer team.
01:15:56.000She withdrew from the school under pressure from admissions officials.
01:16:01.000She was among many incoming freshmen across the country whose admissions offers were revoked by at least a dozen universities after videos emerged on social media.
01:16:09.000This is the culture the left wants to create.
01:17:08.000If you want to cut through the madness of our politics and culture and know what's really going on, head on over to The Michael Knowles Show where we can all bask in the simple joys of being right.