A court rules against Trump on his financial records, and Tim Cook laments how baby boomers betrayed millennials. President Trump moves to stop his former White House counsel from testifying. A court rules that Congress can grab information on basically any elected official for any reason. And a special offer from Ring that keeps your home safe and helps you stay connected to your home anywhere in the world. Subscribe to The Ben Shapiro Show on Apple Podcasts and leave us a five star rating and review! Use the promo code: CRIMINALS at checkout to get 10% off your first purchase when you enter the discount code CRIMICAL10 when you sign up for our 5 Star Deal of the Week. If you want to hear that stuff, listen to yesterday's show, not today's show. You'll get to hear all the news you need to know about the latest in real-world crime, corruption, and more. Subscribe today using our podcast s RSS feed! Subscribe, Like, and Share to stay up to date on all the latest breaking news and discuss the latest happenings in politics, pop culture, entertainment, and business! Ben Shapiro's new book: The Devil Next Door is out now! Outtro: Game of Thrones: The Final Epilog is available on Amazon Prime Video, Blu-ray, and also on Vimeo. Watch the full video version of the show on the Big Little Lies on Amazon. and other major podcasting platforms wherever you get your favorite streaming services. Learn more about your ad choices. Links mentioned in the show: Subscribe? Subscribe? Rate, review and subscribe to the show? Rate and review our podcast? Leave us a review on iTunes Review us on iTunes Subscribe on Podcharts? or review us on PODCAST Thanks for listening to our podcast and share our podcast on iTunes? Subscribe & subscribe to our social media platforms! Rate us on Podcoin? We'll be listening to your thoughts and reviews on the show recommendations? and we'll be reviewing our podcast recommendations on the latest episode of The FiveThirtyEight Podcasts? Also, and other links to our new episodes on the FiveThirty-something Podcasts on Six Sigma Podcasts! on Pizzarelli=Podcasts and other places on the Podchords Podcasts on the Sixteenth episode of FiveThirty One Podcasts Podcast?
00:00:48.000When I'm out of town, I know who's at my door as a listener.
00:00:50.000You have a special offer on a Ring Starter Kit available right now.
00:00:53.000With a video doorbell and motion-activated floodlight cam, the Starter Kit has everything you need to start building a ring of security around your home.
00:01:27.000Use that slash Ben to let them know that we sent you.
00:01:28.000Alrighty, so the big news of the day is that President Trump is now being subjected to new scrutiny.
00:01:33.000So according to a court, President Trump must now allow his accountants to turn over his financial records, according to a lower court judge.
00:01:42.000President Trump's accounting firm must turn over his financial records to Congress, a federal district court ruled on Monday, rejecting his legal team's argument that lawmakers had no legitimate power to subpoena the files.
00:01:52.000Trump vowed that his legal team would appeal rather than permit the firm Mazar's USA to comply with the subpoena and the ruling.
00:02:00.000The ruling by the judge, whose name is Amit Mehta, of the U.S.
00:02:03.000District Court for the District of Columbia, was an early judicial test of the president's vow to systematically stonewall all subpoenas by House Democrats, stymieing their ability to perform oversight of Mr. Trump and the executive branch after winning control of the chamber in last year's midterm elections.
00:02:19.000Mr. Trump's legal team, led by William S. Consovoy, had argued that the House Committee on Oversight and Reform had no legitimate legislative purpose in seeking Trump's financial records and was just trying to dig up dirt, like finding out whether the president broke any laws for political reasons so the subpoena exceeded its constitutional authority.
00:02:35.000Democrats claim they need the records because they're examining whether foreigners are in a position to use business dealings with the president to exert hidden influence over American policymaking and whether ethics and disclosure laws need to be strengthened.
00:02:47.000Judge Mehta is an Obama appointee, of course.
00:02:50.000He said that the justification was sufficient to make the subpoena valid.
00:02:54.000He said, "These are facially valid legislative purposes.
00:02:57.000It is not for the court to question whether the committee's actions are truly motivated by political considerations.
00:03:01.000Accordingly, the court will enter judgment in favor of the oversight committee." Now, this ruling is fairly absurd.
00:03:09.000It relies extremely heavily on a 1957 court ruling that talked about how private citizens could not be targeted by the federal government, by Congress, but made distinction for government figures and quote-unquote legitimate government purposes.
00:03:24.000The question is, is there a line that is supposed to be drawn when it comes to how far Congress can go in seeking information on somebody who holds elected office?
00:03:36.000This case seems to suggest that Congress can, for any reason, as long as they can just say investigation, Congress can, for any reason at all, grab information on basically any elected official.
00:03:50.000That's a pretty wide and broad ruling by Mehta.
00:03:55.000There was a 1957 Supreme Court decision, as I mentioned, hot air points this out, that limited congressional authority for investigations when it comes to private individuals.
00:04:02.000This judge took care to rule that his decision fits well within that precedent, noting that presidents are not private individuals and that their private behavior before and during their tenure in office can be grounds for impeachment.
00:04:13.000Mehta notes that Congress went unchallenged in its authority to open such investigations into prior administrations.
00:04:18.000He wrote, quote, Twice in the last 50 years, Congress has investigated a sitting president for alleged law violations before initiating impeachment proceedings.
00:04:26.000It did so in 1973 by establishing the Senate Select Committee on Presidential Campaign Activities, better known as the Watergate Committee, and then did so again in 1995 by establishing the Special Committee to Investigate Whitewater Development Corporation and related matters.
00:04:39.000Now, Whitewater obviously happened before Clinton was president, although Watergate happened while Nixon was president.
00:04:45.000The former investigation included, within its scope, potential corruption by Nixon while in office, the latter concerned alleged illegal misconduct by President Clinton before his time in office.
00:04:54.000Congress plainly views itself as having sweeping authority to investigate illegal conduct of a president before and after taking office.
00:05:00.000This court is not prepared to roll back the tide of history.
00:05:04.000Well, as Hot Air points out, the Supreme Court wasn't asked in any of these cases whether the Whitewater investigation exceeded Congress's authority.
00:05:12.000Also, we already knew about Whitewater.
00:05:14.000I mean, there were already public reports about corruption in Whitewater.
00:05:18.000And at this point, there's no information that suggests that President Trump is actually subject to some sort of nefarious criminal foreign activity.
00:05:27.000With regard to being leveraged because of his finances, Trump has called the ruling crazy.
00:05:31.000He said, we think it's totally the wrong decision by obviously an Obama appointed judge.
00:05:36.000Trump's attorneys have already appealed this thing.
00:05:39.000And again, I think that there is a solid case that Trump can make that Congress has to have some limitations here.
00:05:49.000I mean, it is truly astonishing that a court is ruling that basically anytime Congress wants to dig up any information about somebody who holds elected office for any purpose, without presumably any actual hook for the investigation, that they are allowed to do so.
00:06:08.000And it's obvious that this ruling is politically driven.
00:06:11.000I mean, the ruling opens with a quote from James Buchanan.
00:06:14.000You can tell what the judge thinks of President Trump when he opens the ruling with a quotation from James Buchanan, widely derided as the worst president in the history of the United States.
00:06:23.000The ruling itself says, the quote from Buchanan is, I solemnly protest against these proceedings of the House of Representatives because they're in violation of the rights of the coordinate executive branch of the government and subversive of its constitutional independence.
00:06:35.000And then the judge says, these words written by President James Buchanan in March, 1860, protested a resolution adopted by the U.S. House of Representatives to form a committee known as the Kavod Committee to investigate whether the president or any other officer of the executive branch had sought to influence the action of Congress by improper means.
00:06:53.000Buchanan cheerfully admitted that the House of Representatives had the authority to make inquiries incident to their legislative duties as necessary to enable them to discover and provide appropriate legislative remedies, but he objected to the committee's investigation of his conduct.
00:07:06.000He maintained that the House of Representatives possessed no general powers to investigate him except when sitting as an impeaching body.
00:07:12.000Buchanan feared that if the House were to exercise such authority, it would establish a precedent dangerous and embarrassing to all my successors, to whatever political party they might be attached.
00:07:20.000Some 160 years later, President Trump has taken up the fight of his predecessor.
00:07:24.000Again, this is a judge who is politically motivated if he's quoting Buchanan.
00:07:27.000There are plenty of presidents who have argued that Congress does not have this sort of investigative authority, including President Clinton.
00:07:33.000But he's not citing President Clinton or, say, Barack Obama, who used executive privilege in order to shield documents from Congress's prying eyes in the Fast and Furious scandal.
00:07:42.000This judge is deliberately trying to humiliate Trump by quoting James Buchanan.
00:07:47.000And by the way, just because Buchanan made the argument doesn't mean that the argument is actually constitutionally wrong.
00:07:53.000Buchanan's argument, he may be a crappy president, but his argument, which is that Congress only gets to use its investigative powers in the context of an impeachment proceeding, that they can't, in other words, just say, you know what?
00:08:04.000I'm now subpoenaing every tax record from every accountant of every politician on the other side, because we theoretically have the power to impeach anybody.
00:08:13.000Let's say that you are the Democrats in the House, and let's say you just don't like Ted Cruz, or you just don't like Mitch McConnell.
00:08:18.000Can they now subpoena All financial records from Mitch McConnell.
00:08:22.000He holds elected office the same way that Donald Trump holds elected office.
00:08:25.000Presumably, without any reference points, they could just issue subpoenas to the accountants for Mitch McConnell, suggesting that maybe he's been compromised by foreign authorities.
00:08:35.000And according to this judge, McConnell's accountants would then have to turn over all of that material.
00:08:41.000I mean, if the idea is that if you are a public official, you are now exposed to scrutiny without any sort of any sort of hook, any sort of actual crime that you think has been committed.
00:08:52.000You're just speculating as to whether a crime could have been committed.
00:08:55.000This is going to get very dangerous very quickly.
00:08:57.000And Democrats better pay attention to this, because if Republicans retake the Congress, and let's say there's a Democrat who's president and Republicans decide, you know what?
00:09:04.000We're going to do exactly what Democrats did.
00:09:06.000We're going to subpoena everything, all the things.
00:09:10.000You think Democrats would have been okay if, let's say that the Congress, under Republicans, had said, you know, we are afraid that Barack Obama committed some sort of fraud in his application to Occidental College.
00:09:45.000What this is going to do is create a situation where no one of any level of decency runs for public office ever again.
00:09:52.000Because no one is pure as the driven snow, and no one wants their life turned over this way unless they are absolutely shameless.
00:09:59.000I mean, there have to be some limitations to this sort of power.
00:10:02.000But according to this judge, there are no limitations of this sort of power.
00:10:07.000The court says echoing the protests of President Buchanan, President Trump and his associated entities are before this court claiming that the Oversight Committee's subpoena to Mazars, the accounting firm, exceeds the committee's constitutional power to conduct investigation.
00:10:19.000The president argues there is no legislative purpose for the subpoena.
00:10:23.000The Oversight Committee's true motive, the president insists, is to collect personal information about him solely for political advantage.
00:10:29.000He asks the court to declare the Mazars subpoena invalid and unenforceable.
00:10:33.000Courts have grappled for more than a century, says the judge, with the question of the scope of Congress's investigative power.
00:10:38.000The binding principle that emerges from these judicial decisions is that courts must presume that Congress is acting in furtherance of its constitutional responsibility to legislate, and must defer to congressional judgments about what Congress needs to carry out that purpose.
00:10:51.000To be sure, there are limits on Congress's investigative authority, but those limits do not substantially constrain Congress.
00:10:58.000What do those two sentences even mean?
00:11:05.000There are limits on Congress's investigative authorities, but those limits do not substantially constrain Congress.
00:11:12.000So, in other words, I mean, that's like me saying to my son, who is screaming and trying to stick a fork into an electric socket, you know, there are limits on what I'm going to allow you to do, but those limits don't substantially constrain you.
00:11:24.000According to this judge, So long as Congress investigates on a subject matter on which legislation could be had, Congress act as contemplated by Article 1 of the Constitution.
00:11:34.000Well, this is denying the fact that the executive branch also has separate powers, that the executive branch does not have to subjugate itself to the legislative power.
00:11:43.000And more than that, this does put private citizens in danger because For example, let's say you're now a candidate for public office, or let's say that you donated to a candidate for public office, and Congress is now investigating you.
00:11:56.000Congress, unfortunately, has got its thumb in a bunch of areas in American life that are purely private in scope.
00:12:02.000Remember, Congress used to have hearings on steroids in baseball.
00:12:07.000I mean, if Congress has the power to do this sort of investigative work, like anytime they don't like somebody, they can dig up anything they want on them, so long as they can make the argument that they're a public figure.
00:12:24.000How far are we going to take this, exactly?
00:12:26.000Can they subpoena President Trump's phone records from the times in the 90s when he was calling up the New York Post as his own press secretary?
00:12:35.000We'll get to more of this in just a second.
00:12:36.000But first, when the Founders crafted the Constitution, you know, a little thing that we like to protect our rights, the first thing they did was to make sacred the rights of the individual to share ideas without limitation by their government.
00:12:45.000The second right they enumerated was the right of the population to protect that speech and their own persons with force.
00:12:49.000You know how strongly I believe in these principles.
00:12:52.000Owning a rifle is an awesome responsibility, and building rifles is no different.
00:12:55.000Started in a garage by a marine vet more than two decades ago, Bravo Company Manufacturing, BCM for short, builds a professional-grade product which is built to combat standards.
00:13:04.000This is because BCM believes the same level of protection should be provided to every American, regardless if they're a private citizen or a professional.
00:13:10.000Bravo Company Manufacturing is not a sporting arms company.
00:13:13.000They design, engineer, and manufacture life-saving equipment.
00:13:16.000The people at BCM feel it is their moral responsibility, as Americans, to provide tools that will not fail the end user when it's not just a paper target.
00:13:23.000There's someone coming to do them harm.
00:13:24.000To learn more about Bravo Company Manufacturing, head on over to BravoCompanyMFG.com, where you can discover more about their products, special offers, and upcoming news.
00:13:42.000Go check them out right now at Bravo Company MFG.com or YouTube.com slash Bravo Company USA.
00:13:49.000So this judge rules that applying these principles compels the conclusion that President Trump cannot block the subpoena to his accountants.
00:13:56.000According to the Oversight Committee, it believes that the requested records will aid its consideration of strengthening ethics and disclosure laws, as well as amending the penalties for violating such laws.
00:14:05.000Okay, so this is an amazing claim by the Oversight Committee.
00:14:07.000They're not even arguing at this point that President Trump has committed a crime.
00:14:11.000They're arguing that in order for them to do research on the possibility of strengthening ethics and disclosure laws generally, not with application to Trump, and amending the penalties for violating such acts, they now need access to the President's personal finances.
00:14:30.000So in other words, if I want to pass a piece of legislation on any topic, all I have to do is say, listen, you know, I'm doing research, to go back to the Barack Obama college records example, I'm doing research on college loans and college admissions.
00:14:43.000And we're thinking of passing some legislations on loans and admissions.
00:14:46.000In order for me to get some background info on that, I'm going to need Barack Obama's personal college records.
00:14:51.000Wouldn't everybody go, wait a second, that is not within Congress's scope.
00:14:54.000But here, that's exactly what they're saying.
00:14:57.000Okay, so we'll get to more of this in just one second.
00:15:00.000The judge goes even further than that.
00:15:01.000The judge says that according to this oversight committee, the records will assist in monitoring the president's compliance with the Foreign Emoluments Clause.
00:15:09.000These are facially valid legislative purposes.
00:15:11.000It is not for this court to question whether the committee's actions are truly motivated by political considerations.
00:15:16.000Accordingly, the court will enter judgment in favor of the oversight committee.
00:15:20.000Actually, it is for the court to question whether the committee's actions are motivated by political considerations if they cannot name a relevant hook on which to build this particular subpoena.
00:15:38.000And again, Democrats should understand that because this could come back to bite them in a very serious way.
00:15:41.000A Republican will not be president forever and Congress will not be Democratic forever.
00:15:46.000President Trump is correct to point out that this ruling is kind of crazy.
00:15:51.000Nonetheless, it just exposes once again that the judiciary is out of control, unfortunately.
00:15:57.000And I mean, this is a judiciary that is ruling consistently that President Barack Obama had authority to issue effectively immunity for DREAMers, but Donald Trump has no executive authority to rule back the immunity for DREAMers.
00:16:15.000When the founders created the Constitution, what they hoped for was a system of checks and balances.
00:16:20.000Now, that did not mean that all of the branches were going to be equally powerful.
00:16:23.000They thought that the Article 1 branch, the legislature, was going to be the most powerful, followed by the presidency, followed by the judiciary.
00:16:30.000In many ways, what has happened is that the legislature has become almost a vestigial organ of government, where all legislation and regulation is actually done from the executive branch, except when there's a political break between Congress and the president, in which case the legislative branch acts as effectively an investigative unit, aided by the judiciary.
00:16:49.000This is a different system of checks and balances than was sought by the founders in the first place.
00:16:54.000The founders were hoping that the lead check on the executive branch would in fact lie in the legislative branch, but not really through impeachment so much as controlling the means and mechanisms of policy.
00:17:04.000Instead, Congress kicked all the means and mechanisms of policymaking over to the executive branch.
00:17:09.000The regulatory agencies do virtually all the policymaking in American government now.
00:17:14.000And then, when people in Congress don't like the president, instead of them scaling back his authority to do things, they launch personal investigations into his accounting practices from 1992.
00:17:26.000That is not the sort of checks and balances we were talking about.
00:17:29.000And then you've got the judiciary, which steps in every so often and quashes the ability of the executive branch to enforce laws that are duly on the books.
00:17:38.000There is a system of checks and balances in place, but the system of checks and balances is completely different than the system of checks and balances originally envisioned by the founders.
00:17:46.000The founders thought that That the legislative branch would zealously guard its powers of rulemaking and legislation.
00:17:54.000They thought the executive branch would zealously guard its own powers against the legislative authority's encroachment.
00:18:01.000And that has happened to a certain extent, but then the judiciary has overruled that and created this weird new system where the executive is basically, is effectively Instituted with all of these, imbued, imbued, with all of these powers, and the only check on the powers of the executive is investigations and impeachment, which is why our policymaking is so fractured right now.
00:18:27.000Imagine if we went through the normal channels for making legislation.
00:18:31.000Legislation started in the House, and then passed the Senate, and then the President signed it.
00:18:34.000Rulemaking was not made by the executive authority.
00:18:37.000Well, that would require all of these branches to work together more than they do.
00:18:42.000The system that we have now is basically Congress delegates all of its authority to the executive and then whines about it when the executive does what they don't want them to do.
00:18:50.000Meanwhile, this sort of stupid system of checks and balances continues to play out with regard to Don McGahn.
00:18:58.000President Trump has now directed his former White House counsel, Don McGahn, to skip a House Judiciary Committee hearing scheduled for Tuesday, citing a Justice Department opinion that he cannot be compelled to testify about his official duties.
00:19:08.000McGahn confirmed on Monday evening that he won't appear.
00:19:10.000Now, this is not an argument that McGahn That McGahn couldn't testify if he wanted to.
00:19:18.000The argument that President Trump is making is that if McGahn does not testify, there is no punishment in store for him, which is actually true.
00:19:25.000The development prompted an obstinate response late on Monday from House Judiciary Committee Chairman Jerry Nadler of New York.
00:19:31.000He said, we're having the hearing tomorrow.
00:19:32.000We are expecting Mr. McGahn to show up pursuant to the subpoena.
00:19:46.000Senator Kirsten Gillibrand, desperately attempting to garner attention in this presidential race while riding at a high of 0% in the polls, says, well, you know, maybe this is going to prompt impeachment of President Trump, that he doesn't allow his White House counsel, former White House counsel, to show up, even after allowing his former White House counsel to testify to the FBI.
00:20:02.000Which, by the way, if he had lied to the FBI, That's a crime.
00:20:12.000I think what the Trump administration is doing is fundamentally blocking our constitutional right for oversight and accountability over his administration.
00:20:25.000Certainly ignoring the contempt proceedings against Barr is a step.
00:20:30.000Telling witnesses like McGahn that they are not supposed to testify.
00:20:34.000Uh, you know, I think it's something that Speaker Pelosi, she has six committees of jurisdiction now that are trying to do oversight investigations.
00:20:43.000And I think she will continue to push very hard to get testimony and documents.
00:20:48.000But if the president keeps stonewalling, it may actually force the House's hands and they might decide to start impeachment proceedings.
00:20:56.000Because they need to get access to the truth.
00:22:38.000So as I say, the Attorney General William Barr is coming under fire from Democrats as well.
00:22:46.000They suggest that they might impeach William Barr because William Barr has not handed them all of the unredacted material that he is not allowed to actually hand them.
00:22:56.000According to the Wall Street Journal, Barr has come under criticism from Democrats and some Republicans who say he is acting more like the president's personal lawyer than the nation's top law enforcement officer.
00:23:05.000The only Republican I've heard who said that is Justin Amash.
00:23:08.000The Republican congressperson from Michigan, Barr, was a private citizen bristled at the barrage of legal and other challenges Trump faced during his first two years in office, said his long held belief in executive power is more about protecting the presidency than the current office holder.
00:23:22.000He said, I felt the rules were being changed to hurt Trump.
00:23:24.000I thought it was damaging for the presidency over the long haul.
00:23:26.000When you look at that court ruling that basically says that Congress can subpoena anything from any public official at any time for any reason, it's hard to disagree with that sentiment.
00:23:36.000Apparently, according to the Wall Street Journal, that sentiment, plus coaxing from friends, led the 68-year-old grandfather of five to sign on for another turn at the helm of the Justice Department, where his quest to protect presidential power has taken on new significance in light of special counsel Robert Mueller's report and the Trump administration's efforts to thwart congressional oversight.
00:23:54.000He said in an interview, at every grave juncture, the presidency has done what it is supposed to do, which is provide leadership and direction.
00:24:00.000If you destroy the presidency and make it an errand boy for Congress, we're going to be much weaker and a more divided nation.
00:24:06.000Barr has jumped to the front lines of this Republican president's battle against Congress and the courts.
00:24:10.000A House committee has already voted to hold Barr in contempt for providing them the entire Mueller report as well as access to the unredacted portions for Democrats who refuse to go look at it.
00:24:20.000Many current and former law enforcement officials, according to the Wall Street Journal, have come to view Mr. Barr skeptically, citing his newly launched review of the investigation's origins and what he termed spying on Trump campaign associates over ties to Russia.
00:24:31.000He hasn't explained specifically what prompted his concerns, giving fodder for Mr. Trump and his allies to attack the department that he leads.
00:24:38.000Republicans have embraced Barr's willingness to bring attention to their grievances with federal law enforcement.
00:24:44.000Of course, Trump is very happy with Barr because Barr is defending him and executive power at this point.
00:24:50.000He said he apparently spoke with the Wall Street Journal last week, and he suggested that he is really not interested in protecting Trump personally.
00:24:59.000He just believes that the rules are being arbitrarily changed in order to harm President Trump.
00:25:03.000And again, it is hard to argue with that perspective, given the fact that Democrats were very much in favor of Barack Obama using executive privilege to shield Eric Holder.
00:25:12.000They had no problem when Eric Holder called himself the wingman for Barack Obama.
00:25:16.000They were very upset with the Kenneth Starr investigation, which was predicated on solid legal grounds.
00:25:23.000I mean, Bill Clinton did commit perjury.
00:25:25.000He committed a series of crimes, including actual obstruction of justice.
00:25:29.000The Kenneth Starr probe was actually into illegality.
00:25:32.000No illegality has been found about President Trump thus far.
00:25:48.000Even Robert Mueller, who had full authority to say so, could not bring himself to say that the President had done something criminal here.
00:25:55.000And yet, we are seeing the Democrats expand the power of subpoenas to include virtually everything in the world?
00:26:01.000This seems like dangerous stuff to me.
00:26:03.000Meanwhile, Michael Cohen is out there still making trouble for the president.
00:26:06.000Michael Cohen, President Trump's former longtime personal attorney.
00:26:10.000President Trump did not hire the best people, as he himself has admitted with regard to Michael Cohen.
00:26:14.000Apparently, Michael Cohen told a House panel during closed-door hearings earlier this year he had been encouraged by Trump's lawyer, Jay Sekulow, to falsely claim in a 2017 statement to Congress that negotiations to build a Trump Tower in Moscow ended in January 2016.
00:26:26.000In fact, Cohen later admitted, That discussions on the Moscow Tower continued into June of the presidential election year.
00:26:32.000House Democrats are now scrutinizing whether Sekulow or other Trump attorneys played a role in shaping Cohen's 2017 testimony to Congress.
00:26:39.000Cohen said he made the false statement to help hide the fact that Trump had potentially hundreds of millions of dollars at stake in a possible Russian project while he was running for president.
00:26:48.000Adam Schiff, who has made mountains out of molehills for several years here, he says, we're trying to find out whether anyone participated in the false testimony that Cohen gave to this committee.
00:26:58.000Well, here's the problem with this story.
00:27:01.000The headline says that Cohen told lawmakers that Sekulow encouraged him to falsely basically commit perjury before Congress.
00:27:10.000And yet Schiff is now saying, we're trying to find out whether this happened.
00:27:14.000Well, if Cohen said that it happened, wouldn't they now have the grounds to open some sort of criminal investigation into Sekulow and the White House?
00:27:29.000This is on the front page of the Washington Post today.
00:27:30.000So again, I think that these investigations into President Trump are really designed to do one thing and one thing only, and that is to exacerbate the feeling of chaos that Trump naturally creates around him.
00:27:42.000President Trump has a strong re-elect pitch.
00:27:44.000His strong re-elect pitch is the economy is really good.
00:27:46.000People are very positive about the economy right now.
00:27:48.000We're not in the midst of any serious foreign crisis.
00:27:51.000He's got a really placid lake of politics in front of him.
00:27:59.000And this should be a great time for him.
00:28:02.000It's no wonder he's upset because, again, he is a chaotic personality in and of his own right, and now Democrats are exacerbating that by creating a feeling of chaos that is not really justified by the fact pattern in front of them at this point.
00:28:14.000So President Trump is out there campaigning, and he is doing what he does.
00:28:18.000I mean, President Trump is a stand-up comedian, and out there on the campaign trail, he basically does a stand-up routine.
00:28:22.000Here's President Trump last night speaking in front of a big crowd.
00:28:25.000And asking whether his slogan in 2020 is in Pennsylvania, whether his slogan in 2020 should be make America great again or keep America great.
00:29:09.000And again, the fact that he is that he actually has a strong economic record to run on means that if there is any feeling of solidity with Trump, if people feel that Trump is a solid character or at the very least that he's not going to bother them too much, that he's not in the eye every moment making them nuts, then he is likely to do fine in his reelect effort.
00:29:29.000So Democrats now have to create a feeling of chaos around Trump.
00:29:32.000Now, Trump doesn't help himself here, as we'll see in a second.
00:29:34.000He doesn't help himself by constantly getting himself into trouble and saying dumb things.
00:29:39.000Democrats with the investigations are trying to generate controversy around Trump that is beyond what the facts support at this point.
00:29:47.000OK, we're going to get to more of that in just one second.
00:29:49.000This is where the Biden campaign comes in.
00:29:50.000We're going to get to the Biden campaign.
00:29:52.000We're also going to get to Tim Cook of Apple.
00:29:54.000Apologizing on behalf of Baby Boomers, but for all the wrong reasons.
00:30:04.000That means that we are excited to be offering more opportunities to become part of our in-house team.
00:30:08.000If you want to work with us over at The Daily Wire, head on over to dailywire.com slash careers and see if any of our job openings would be right for you or someone you know and get your resume ready.
00:30:17.000It's really a lot of fun to work here.
00:31:49.000There are not that many polls out right now, but the last poll from Quinnipiac, which came out on May 15th, so just a little about a week ago, Biden was leading him 53 to 42, which is a blowout in favor of Joe Biden.
00:32:02.000And that is trouble for President Trump.
00:32:05.000Obviously, President Trump needs to win one of the following three states and maintain all of the other states as well.
00:32:11.000He needs to win Wisconsin or Michigan Or Pennsylvania, right?
00:32:14.000He needs to win one of those three states or he loses the presidency.
00:32:18.000Right now, if you look at Michigan 2020, Biden versus Trump, you see that President Trump is not polling great against Biden in that state either.
00:32:26.000Right now, the Emerson poll, which is from March, but I assume it would actually be more in Biden's favor now because Biden has actually jumped in since then, had Biden up 54 to 46 on Trump in Michigan.
00:32:36.000And if you look at the Wisconsin 2020 polls, the story is somewhat similar.
00:33:43.000So Trump is going to be running against Obama-Biden.
00:33:46.000And what he has to do is come up with some material that damages Joe Biden.
00:33:50.000The problem for him is that Joe Biden has 100% name recognition.
00:33:52.000He was vice president for eight years.
00:33:54.000And a lot of the dirt about him is already out there in public view.
00:33:56.000And some of the dirt doesn't actually hurt him.
00:33:58.000So Biden right now is winning a disproportionate share of the black vote.
00:34:01.000It's the reason why he's clobbering Kamala Harris and Cory Booker.
00:34:04.000It's also the reason why, if you're Joe Biden, the person you're looking at for a VP candidate right now is not Kamala Harris or Cory Booker.
00:34:33.000I think that the only piece of damaging information that would really hurt Joe Biden at this point is if there was something to the corruption allegations being made about Hunter Biden, his son, And don't forget, Biden deserted you.
00:34:44.000operative contract in countries in which Joe Biden was doing business as vice president of the United States.
00:35:33.000Now, again, that line of attack is that he did a bad job as vice president is a much more telling line of attack than that he left Pennsylvania when he was 10 or 11 years old.
00:35:41.000Nonetheless, the purpose of the investigations that we are seeing right now are to create a feeling of disquiet around President Trump, a feeling that he exacerbates by being the man that he is.
00:35:51.000And that means that Biden is doing exactly what I suggested he was going to be doing.
00:35:55.000I've been suggesting this for years, that Biden would be a strong candidate against Trump.
00:35:58.000I doubted he could get through the primaries unscathed the way that he has so far.
00:36:02.000But when it came to a general, I've always said that Biden was a much more dangerous candidate for Trump than anybody else, mainly because he could run a 1920 Warren G. Harding-style return to normalcy campaign.
00:36:11.000He could say, Trump is out of the box.
00:36:19.000And if I am crazy, it's the kind of crazy you're used to.
00:36:22.000And that's the feel that you are getting from Democrats who are basically voting for him because they think that he is electable.
00:36:28.000They're voting for him because he is capped in electability as opposed to some of the other wilder Democratic candidates, the Bernie Sanders and the Elizabeth Warrens.
00:36:36.000This is the case that Chris Matthews, that everybody say, is trying to make.
00:36:40.000He says, everybody's ripping on Joe Biden.
00:37:49.000The benefit for Biden, and this is the narrative that's being built, is that Trump is volatile and Biden is solid.
00:37:56.000The problem for Democrats is that many Democrats, as Matthew says correctly, many Democrats don't believe that Biden is going to punch Trump hard enough.
00:40:31.000That is a smart take by Pete Buttigieg.
00:40:34.000When Biden acts unflapped by President- Like, one of the things that Trump was able to do really well, and he's got a gift for it, was he was able to get under the skin of everyone he ran against in 2016.
00:40:44.000And part of that is because Trump speaks like Trump, meaning that a lot of intellectual elitists run for office.
00:40:50.000Those are people with Ivy League degrees who are fond of the way that they command the language.
00:40:54.000President Trump's command of the language is not spectacular.
00:40:57.000He is basically a stand-up comic who doesn't read books.
00:41:00.000And his popularity is baffling to a lot of people who got A's, straight A's, when they were in high school.
00:41:07.000And it gets under their skin that Trump is more popular than they are in a lot of ways.
00:41:10.000You saw that in 2016, Hillary Clinton was like, listen, I've been achieving from the time I was seven years old, and here's this doofus who grew up on daddy's money strolling in the front door and beating me.
00:41:26.000So whichever Democrat does not have that level of arrogance, whichever Democrats like, yeah, he's popular and he's going to say a bunch of crap, but in the end, you know, doesn't have any impact.
00:41:36.000That person is probably going to do best against Trump.
00:41:39.000What the base of the Democratic Party wants is somebody who punches.
00:41:42.000And you're starting to see disquiet build in the in the intelligentsia about Joe Biden, specifically because Trump doesn't seem to get under Biden's skin in the same way that he gets under the intelligentsia's skin.
00:41:55.000What's really fascinating about modern politics is that the people who are the most woke, the people who are the most militant, the people who are the most obnoxious, politically speaking, are not the people in the middle of the country.
00:42:09.000The people who are the most obnoxious and woke and bothersome are the elite who write for The New York Times, the elitists who write for The New York Times, people like Jamal Bowie.
00:42:16.000So Jamal Bowie has a column today about Joe Biden.
00:42:20.000Sorry, it's Michelle Goldberg, another New York Times elitist.
00:42:24.000She has a piece in the New York Times called, I don't want an exciting president.
00:42:28.000Joe Biden makes his supporters feel safe, but nominating him is risky.
00:42:31.000Why is it risky to nominate Joe Biden?
00:42:34.000She says, what worries me about Biden is that in contemporary politics, the quest to find an electable candidate hasn't resulted in candidates that actually win.
00:42:41.000Voters don't do themselves any favors when they try to think like pundits.
00:42:48.000The fact is that many of the Democrats who were elected on a congressional level ran as moderates in 2018.
00:42:53.000They were not the hard left AOC types.
00:42:54.000AOC won in a deep blue district by winning 16,000 votes in a primary against another deep blue guy.
00:43:01.000Michelle Goldberg, however, says that basically Democrats should vote with their heart and their heart should say anger, anger, not solidity, not stability, rage.
00:43:40.000That is Trump's best prospect at re-election.
00:43:43.000According to Michelle Goldberg, she says, Democrats are now in a complicated spot as they make their electoral calculations.
00:43:49.000If what you care about most is a candidate's chances next November, pretending otherwise is an artificial exercise, particularly if it's just in the service of making a better judgment about electability.
00:43:58.000Some enthusiasm for Biden is genuine, if not passionate.
00:44:00.000Often, when people I spoke to at the rally described him as safe, they meant both as a candidate and as a potential leader.
00:44:07.000For many voters, what Biden is promising, a rebuke of Trump and a return to normalcy, is what they want more than anything else, and it makes sense for them to back him.
00:44:14.000What's counterproductive is when voters try to think past their own desires.
00:44:18.000Man, I hope that Michelle Goldberg somehow convinces her party that she is right.
00:44:22.000That's especially true in a country as polarized as ours where turnout is as important as persuasion.
00:44:27.000Man, I hope that Michelle Goldberg somehow convinces her party that she is right.
00:44:31.000That's what I hope is that Michelle Goldberg and that wing of the party decide to destroy the narrative that is being built brick by brick by the Democrats in Congress and by Joe Biden on the other side in favor of somebody so woke that Michelle Goldberg is happy but the rest of America is alienated.
00:44:47.000Time for some things I like and then some things that I hate.
00:44:49.000So time for the thing that I like today.
00:44:52.000So there's a great book with basically all of Justice Scalia's writing.
00:44:58.000Justice Scalia, of course, one of the great writers in the history of the Supreme Court.
00:45:03.000They've now taken some of his writings and they've compiled them along with essays from other people about Scalia's thinking into a little booklet called On Faith.
00:45:25.000For people who are of faith, it's a great reminder of why you believe certain things.
00:45:31.000It's a reminder that Scalia was not just a great thinker, that he was a good man who tried to live a virtuous life, and an intellectually rich life as well.
00:45:39.000And it's also a reminder that the sort of scorn that so many people in the intelligentsia have for people of faith is totally unjustified.
00:45:47.000If you truly believe you're living in New York or LA or something, and you truly believe that you are a higher IQ person than Justice Scalia, or a better thinker than Justice Scalia, because Justice Scalia was one of these rubes who believes in the whole Jesus thing, Read the book, and I challenge you to think beyond your own boundaries.
00:46:03.000By the way, I always encourage people who are of faith to read atheist books and think beyond their boundaries as well.
00:46:09.000But I've never really run into religious people who are averse to listening to thinkers on the other side.
00:46:15.000It's very rare to find somebody who's an atheist, a militant atheist, who's willing to at least hear the argument on the other side.
00:46:22.000It's why I treasure my friendships with people like Michael Shermer, who is an atheist, or at the very least an agnostic, who's interested in having those conversations.
00:46:29.000In any case, go check out On Faith by Antonin Scalia.
00:47:49.000When someone says that it's too hard to do a green space that grows yucca instead of, I don't know, cauliflower or something um it you're what you're doing is that you're taking a colonial approach to environmentalism if i went to a predominantly white community and said okay you guys are going to be growing plantains and yuca
00:48:17.000and all these things that you don't know how to cook it's and that your palate isn't accustomed to it's gonna be like cute for a little bit but it's not easy Um, yeah, I'm scared.
00:48:33.000We need to silence her because she's talking about plantains.
00:48:38.000So apparently there's a group of, are there really a group of environmentalists who go around telling Latinos that they should not be, they should not be planting yucca?
00:48:48.000Is this a thing that I'm not aware of?
00:48:50.000Apparently this is a thing that happens down in the Bronx.
00:49:19.000Man, I'm gonna say that these are first world problems.
00:49:22.000That would be a first world problem right there.
00:49:24.000Somebody came today, they came to my door and they told me, you stopped growing that sweet potato, you stopped growing that yam, it's time for you to grow some asparagus.
00:50:27.000I understand, according to Marxist and post-Marxist thought, that power hierarchies are everything.
00:50:33.000That either it's economic hierarchies or it's hierarchies of race or hierarchies of sex.
00:50:38.000I understand your deconstructionist crap about how ideas about the protection of human life are secretly nefarious ways to control women's bodies.
00:50:47.000I'm familiar with the nonsensical motives that you put on pro-life people, but it is so sneering and dumb that it is hard to overstate how sneering and dumb it is.
00:50:56.000So Jamel Bowie, his piece today says, all of the measures, all these anti-abortion measures, as well as the heartbeat bill signed in April by Governor Mike DeWine of Ohio, are designed to bring fetal personhood to the Supreme Court.
00:51:08.000And then he talks about, in 2016, anti-abortion conservatives, and white evangelicals in particular, supported Donald Trump on the expectation that he would nominate anti-abortion judges to the Supreme Court.
00:51:20.000I mean, they expected that he would nominate judges to the Supreme Court who would not read abortion into the Constitution of the United States, which is both a legal and moral absurdity.
00:51:29.000But he says, the story of that support, which is also the story of these new laws, isn't purely transactional.
00:51:33.000It's about shared commitment to the same overarching goal.
00:51:36.000Now, everybody on the right's going, right, the same overarching goal would be to stop the killing of the unborn.
00:52:14.000You believe it because you hate women.
00:52:15.000I can't have a conversation with you along those lines.
00:52:17.000Once you start saying that what I believe and my articulated stance on that belief system is not actually my real stance, my real stance is a secret Hitlerian motivation to keep women down or something.
00:52:29.000Then I don't... We can't have a conversation at that point.
00:52:31.000You've launched a character attack on me.
00:52:34.000If I say I'm pro-life because I believe in biology and I believe in the inherent value of human life, and you say, no, you just want to take us back to the dark ages, I got nothing for you.
00:52:43.000There's no conversation that can be had.
00:52:45.000This is the kind of argument from Bowie that is meant to quell conversation, not to have conversation.
00:52:50.000It says, Trump promised explicitly to weaken America's commitment to principles of fairness and equality, to strengthen privileges of race, gender, and wealth.
00:53:09.000I want racial hierarchies to be reestablished.
00:53:13.000See, explicitly is a word that has a meaning.
00:53:15.000It means that it's explicit, like you say it.
00:53:19.000His personal life, says Jamel Bui, was defined by its hedonism, excess, and contempt for conservative morality, but he pitched himself as a bulwark against cultural and demographic change, a symbol of white patriarchal manhood, aligned against immigrants, feminists, and racial minorities.
00:53:32.000A bulwark against cultural and demographic change, despite his stated tolerance for same-sex marriage.
00:53:36.000Again, now the idea is that Even though Trump was pro-gay marriage, that that wasn't enough.
00:53:42.000His secret motivation was he wants more white people and fewer non-white people, which would also not explain why he would be pro-life when a disproportionate number of abortions are of minority people in the United States.
00:53:55.000But according to Jamal Bowie, it's the same thing for pro-lifers.
00:53:59.000He says the underlying dynamic is straightforward, explains Robert P. Jones, chief executive of the Public Religion Research Institute, in his book The End of White Christian America.
00:54:07.000Trump's promise to restore a mythical past golden age, where factory jobs paid the bills and white Protestant churches were the dominant cultural hubs, powerfully tapped evangelical anxieties about an uncertain future.
00:54:18.000There's no restoring that past, but with his nomination of conservative judges and Mitch McConnell's successful drive to confirm them in the Senate, Trump has given white evangelicals and their Republican representatives the opportunity to pass the laws and measures that reflect their ultra-traditionalist ideals.
00:54:33.000So even if Trump distances himself from any particular law, that's how one should understand the new wave of abortion restrictions as direct attacks on the social and economic autonomy of people who can become pregnant designed to strengthen strict hierarchies of gender.
00:55:05.000We spoke on our radio show yesterday with the architect of the Georgia bill.
00:55:08.000This is an open lie now being repeated into the pages of the New York Times to make the case that the real reason that these evil, evil pro-lifers want to save babies, and disproportionately black babies, by the way, The real reason these pro-lifers want to do that is because they want to see what?
00:55:24.000A white supremacist hierarchy where there are more black people and brown people in the United States being born?
00:55:29.000None of this makes sense, but again, it is...
00:55:31.000I will say this, Jamal Bowie is badly motivated.
00:55:35.000You're a badly motivated person if your immediate response to somebody explaining their theory of why law should be the way that it is, is that, no, that's actually not their real motivation.
00:55:46.000Their real motivation is obviously something nefarious and evil.
00:55:49.000You can't have a conversation with somebody like this.
00:55:51.000Alrighty, so we'll be back here a little bit later today with two additional hours of coverage.
00:55:55.000Otherwise, we'll see you here tomorrow.
00:56:23.000Hey everyone, it's Andrew Klavan, host of The Andrew Klavan Show.
00:56:25.000You know, if it weren't for the fact that the Democrats own the news and entertainment media, it would be obvious by now that they are living in a blithering fantasy world.
00:56:34.000Donald Trump is a racist, except who's he racist to?
00:56:37.000He's a dictator, except what does he dictate?
00:56:39.000He's lawless, but what laws has he broken?
00:56:43.000They have invented a Donald Trump of the imagination, and he ain't the real Donald Trump at all.
00:56:47.000We'll talk about it on The Andrew Klavan Show.