A federal judge has blocked the Trump administration from forcing asylum seekers to remain in Mexico while awaiting court hearings. The Supreme Court has ruled that the government cannot force asylum seekers across the southern border while the case proceeds. What does this mean for the future of the border? Is the Supreme Court the last hope of the Constitution, or is it part of the Executive Branch? What role does the Constitution have in dealing with the border situation, and who has the power to act as a check and balance between the Executive and Judicial branches of government? Today's episode is a mashup of a bunch of headlines that seem to have little to do with each other, but are all connected in some way, shape or form. If you don't think that we are sitting on a house of cards, then you are living with your head in the sand. If you're listening to my podcast, you are clearly smarter than the average bear. You are smarter than most bears, but since you are listening to this podcast, than you are smart enough to be smarter than an average bear... so what is your plan? Can you afford another hit to your retirement like the last downturn? Hedge against inflation, hedge against uncertainty and instability with precious metals, and find a safe haven against uncertainty? My savings plan is diversified, and yours should be too! Contact Birch Gold Group to get your no-cost, no-obligation kit on precious metals purchases. Get a FREE information kit on physical gold and silver! Get a No-OBliguing kit on investing in physical precious metals and silver today! to help you protect your retirement and your retirement from inflation and financial woes! Call me Ben Shapiro on the phone and get a FREE info kit on what you can t live without! Ben Shapiro's The Ben Shapiro Show is a show you won t want to miss! - The Daily Bump! Subscribe to get 20% off your first month of Shapiro's new book, The Best of Ben Shapiro books! and get 10% off the first month only on Amazon Prime and Best Fiends, the best deal of the week! FREE shipping anywhere else in the world! Links mentioned in the book I read and the best place to buy a copy of The Daily Mail? FREE PRICING Guide to Ben Shapiro s new book on the podcast? and more! I am Ben Shapiro is a Ben Shapiro Podcast Subscribe on Audible
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00:01:53.000Okay, so the big story today is that President Trump continues to be stymied on his immigration plans.
00:01:59.000A federal court has now blocked the Trump administration from forcing asylum seekers to remain in Mexico while awaiting court hearings.
00:02:06.000Now, this is not really within the purview of the federal courts.
00:02:09.000The president does have enormous power over border policy.
00:02:12.000This is stuff within the executive branch's purview.
00:02:14.000This is really not stuff within the judicial branch's purview.
00:02:17.000When it comes to the border, that is a foreign policy matter, and that means that the president does have exorbitant and near-plenary power over what to do with America's border situation.
00:02:27.000And the court doesn't just get to grant rights to people who are coming across the border without the president enforcing those rights.
00:02:35.000Nonetheless, a federal judge, again, we have a bunch of rogue courts across the country who are slapping national injunctions on the federal government, which really is an act of judicial supremacy, not judicial review.
00:02:45.000Judicial review is the idea that the courts get to look at the interpretation of the Constitution, and then they get to determine whether a law is constitutional or not.
00:02:54.000But judicial supremacy is the idea that the court is the last, best hope of the Constitution of the United States, and that the president doesn't basically get to fight with the courts and fight with the legislature.
00:03:04.000that the court is the repository of all wisdom when it comes to the Constitution.
00:03:07.000And that is something that was largely opposed by Alexander Hamilton in Federalist 78.
00:03:12.000He said that if the courts were disposed to exercise will instead of judgment, it would defeat the purpose for them existing.
00:03:17.000Their purpose is simply to interpret the law It is not to go above and beyond that.
00:03:22.000And if they do go above and beyond that, their opinion is of no more matter than the president's opinion or legislator's opinion.
00:03:28.000This is why the president and legislators both take an oath of office to uphold the Constitution.
00:03:34.000If it were really just kick everything over to the Supreme Court, you wouldn't need them to swear those oaths.
00:03:39.000Nonetheless, judges across the country have decided that they are actually legislators.
00:03:43.000And now a federal judge on Monday has blocked an experimental Trump administration policy requiring asylum seekers to wait in Mexico while their cases make their way through the U.S. immigration court system.
00:03:54.000A major blow to President Trump's efforts to stem the surge of crossings at the southern border.
00:03:58.000This is according to The Washington Post.
00:04:00.000U.S. District Judge Richard Seaborg in San Francisco enjoined the migrant protection protocols policy days after outgoing Homeland Security Secretary Christian Nielsen pledged to expand the program.
00:04:10.000The policy began in January at the San Ysidro Port of Entry in California.
00:04:14.000It has been extended to Calexico and to the entry in El Paso.
00:04:17.000Seaborg wrote that the approach would have been further extended if the court had not stepped in.
00:04:21.000Several hundred migrants were returned to Mexico under the program.
00:04:25.000Because once people enter the country, then very often they don't show up for their court dates or they show up for their original court dates, which merely is just a way for them to kind of check that box.
00:04:35.000And then they figure that if they show up for the original court date and they wait six months, they get an automatic work visa and they can stay in the country pretty much as long as they want.
00:04:43.000The percentage of people who are actually deported after showing up for court the first time is exorbitantly low.
00:04:49.000We had a Mark Krikorian from the Center for Immigration Studies yesterday on the radio show.
00:04:55.000There's a reason that people are trying to get into the country and not be held pending the judgment of their asylum on the other side of the border, because if they get here...
00:05:03.000There's a good shot that they are going to be caught and then released into the general population.
00:05:07.000Many of them will show up for their first court hearing.
00:05:09.000That first court hearing is just to determine whether or not they are criminals or whether they are sane.
00:05:15.000And then they are released back into society.
00:05:17.000At that point, all they have to do is wait out that ticking clock.
00:05:20.000If they wait for six months, they get an automatic work visa.
00:05:23.000They just overstayed the work visa and they stick around in the United States.
00:05:26.000This, by the way, is the vast majority of illegal immigrants, both across the Mexican border as well as into America from other countries, not across the Mexican border.
00:05:34.000The overstaying of work visas is the number one way that illegal immigrants stay in the United States.
00:05:40.000The ruling is a preliminary injunction, at least temporarily stopping the program, and it paralyzes one of the Trump administration's last remaining tools to stem the flow of Central American families trying to cross the U.S.-Mexico border.
00:05:51.000Trump took out some of that frustration on the Department of Homeland Security firing nearly everyone.
00:05:55.000In his 27-page ruling, Seaborg said that the legal question before him was not whether the MPP is a wise, intelligent, or humane policy, or whether it is the best approach for addressing the circumstances the executive branch contends constitutes a crisis.
00:06:08.000Rather, he wrote, the program probably violates the Immigration and Nationality Act, the Administrative Procedures Act, and other legal protections to ensure that immigrants are not returned to unduly dangerous circumstances.
00:06:18.000But there is no actual evidence that returning immigrants who are crossing over from Mexico to Mexico to wait is putting them in an unduly dangerous circumstance.
00:06:27.000Mexico is not Honduras or Guatemala or El Salvador.
00:06:32.000Justice Department officials declined to comment on the ruling on Monday.
00:06:35.000government could appeal the ruling to the Ninth Circuit.
00:06:37.000They have not indicated whether they will do so or not.
00:06:40.000This is a serious problem for the Trump administration, is the courts routinely stepping in and overstepping their authority.
00:06:46.000Now, the Obama administration used to ignore court orders on a fairly regular basis with regard to, for example, the Dreamers.
00:06:52.000So a federal court in Texas struck down President Obama's Dreamers program.
00:06:57.000Obama just ignored it and continued handing out the papers to people who are Dreamers.
00:07:02.000Trump could theoretically do the same thing here, and he probably should, because the fact is there are a series of conflicting lower court rulings.
00:07:11.000And this has basically left the Trump administration with no options.
00:07:15.000Advocates for immigrants say the migrants are fleeing poverty and violence in Central America and should be allowed to wait in the United States until their cases are decided.
00:07:23.000In the ruling, this judge, Seaborg, wrote that DHS will still have the authority to detain migrants when they return to the United States.
00:07:29.000He made clear his ruling does not preclude Congress from creating an MPP-style program under federal law.
00:07:35.000Trump and top administration officials have implored Congress to stop the flow of tens of thousands of migrants every month.
00:07:40.000Seaborg said, to be clear, the issue in this case is not whether it would be permissible for Congress to authorize DHS to return aliens to Mexico pending final determination as to their admissibility.
00:07:49.000So he is kicking it over to Congress, saying that Congress has to pass a law specifically on this, and there can't be a regulation that does all of this.
00:07:56.000But that seems, I think, like an overly narrow misreading of the Administrative Procedures Act, for one.
00:08:03.000The President does have tremendous, tremendous executive power in generating regulations on all of these matters.
00:08:09.000One of the reasons that Christian Nielsen, the Secretary of Homeland Security, was ousted from her job was presumably because she did not promulgate regulations quickly enough for President Trump.
00:08:20.000Meanwhile, it is important to note the level of conflict inside the federal courts over all of this.
00:08:28.000It is important to really, I think that when people do not note that the federal courts are all over the place on these issues and legitimately have not given any sort of comprehensive opinion on what exactly the executive branch can and cannot do, that leaves the executive branch without any way of actually doing anything at all.
00:08:49.000David Horowitz, Daniel Horowitz, rather, over at Conservative Review, has an excellent piece on this today, talking about exactly how all of these courts are overstepping their boundaries.
00:09:00.000Here's what he says, rather than categorically suspending immigration requests at the border, the DHS issued a regulation in December to continue claims but to have some of the illegal aliens wait in Mexico pending the outcome of the proceedings.
00:09:11.000Statute is clear that the same way the president can suspend all entry, he can place partial restrictions or conditions on such entry.
00:09:18.000This has been made clear from, for example, President Trump's travel ban, in which the president simply suspended immigration from particular countries.
00:09:26.000The judicial power vested in a judge allows him to grant injunctive relief to an American seeking protection from a regulatory burden or criminal prosecution.
00:09:34.000A judge can say he will not agree to punish a winning plaintiff, even if an executive policy or legislative statute required it.
00:09:40.000A judge, however, has no such power to issue an injunction to enable foreign nationals to come into our country without the permission of the President of the United States.
00:09:50.000The fact is that long-standing judicial history suggests that the judiciary does not have the power to make immigration policy this way.
00:09:59.000Daniel Horowitz points out that there are a bunch of California judges who have ruled on immigration.
00:10:04.000All of these rulings are in conflict with one another.
00:10:06.000Dolly G. of the Central District of California, among many other radical opinions overturned by the Supreme Court, said that the administration must release all children after 20 days, even though the Flores settlement is outdated and the statute downright requires the opposite.
00:10:20.000It is unclear whether the president is allowed to keep children together with parents or whether the president has to separate the children from the parents.
00:10:25.000What Democrats want is for the Flores Settlement to be held in place.
00:10:28.000The Flores Settlement was a settlement between the federal government and plaintiffs led by the ACLU in which federal courts basically green-lighted a settlement during the Clinton administration that said that children have to be held in the most Free possible circumstances for a limited period.
00:10:45.000After that, you have to separate them from their parents and release them into the general population.
00:10:49.000This was done with an eye toward releasing the parents into the general population as well.
00:10:53.000Dana Sabra of the Southern District of California has said that parents must be released with children too.
00:10:59.000Which is not... I mean, that's fully insane.
00:11:01.000So she's saying that under American law, you must release parents with children.
00:11:04.000So if you cross the border with kids, then you will, under this particular ruling, be released into the general population.
00:11:11.000We can't hold you with the kids, and we can't separate you from the kids.
00:11:13.000The only way we can unify you with the kids is to release you into the general population.
00:11:19.000That's a judge simply deciding what they want to be the law.
00:11:23.000Judge William Alsop of the Northern District of California has ruled that Obama's amnesty must remain in place for now, which is crazy considering that Obama's amnesty was never greenlit by Congress.
00:11:33.000Judge John Tiger of the Northern District of California, just like Judge Seaborg, ruled that the administration cannot make a simple common-sense regulation of driving credible fear claims to points of entry, even though the Immigration and Naturalization Act states openly that it's unlawful for any alien to depart from or enter or attempt to depart from or enter the United States except under reasonable rules, regulations, and orders and subject to limitations and exceptions as the President may prescribe.
00:12:00.000Judge Edward Chen of the Northern District of California has ruled that temporary protected status, rather than being temporary and discretionary, is permanent and mandatory for Trump.
00:12:08.000He said that Trump could not reject the so-called DREAM Act because the fact is that President Trump has quote-unquote animus against non-white people.
00:12:18.000None of this has anything to do with the Constitution.
00:12:20.000None of this has anything to do with the law.
00:12:23.000And these judges are really overstepping their boundaries and providing Trump with not a lot of options.
00:12:27.000So you're seeing Democrats come out and rip President Trump supposedly for being intolerant on the immigration issue or being terrible on the immigration issue.
00:12:34.000Dude has no options if you listen to these courts.
00:12:37.000He can't keep the kids with the parents together because that violates the rights of the kids.
00:12:41.000He can't separate the parents from the kids because that violates the rights of the kids.
00:12:45.000And he can't even take the parents and kids and say, stay on the Mexican side of the border.
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00:14:15.000And meanwhile, President Trump being bashed about, clubbed about the head by the media and folks in the Democratic Party for his temerity in suggesting that perhaps...
00:14:24.000He'll leave it up to illegal immigrant parents what they want to do with their children.
00:14:28.000The president is supposedly considering something that is being called binary choice, is according to the Washington Post.
00:14:34.000DHS officials are now looking for a way to satisfy the president's demand for tough measures, including a plan called binary choice that would give migrant parents the option of remaining detained as a family or agreeing to separation so their children would not remain in immigration custody.
00:14:48.000So in other words, Trump is saying, you know, you want there to be only one option, which is I release you and your kids.
00:14:53.000Instead, I'm going to offer you the option.
00:14:54.000Either you get to sign off on staying with your kids in custody or you sign off on your kids being separated from you.
00:15:00.000But there's no more of this crap where we just release you into the general population.
00:15:03.000The goal of the plan, according to the Washington Post, would be to end the catch and release model that has allowed most migrant families to go free within the United States while they wait to appear before an immigration judge.
00:15:13.000Implementing binary choice without lawmakers approval risks another court injunction.
00:15:18.000Stuart Baker, a top DHS advisor to George W. Bush, says the president doesn't like the news he's getting on immigration.
00:15:28.000There doesn't seem to be any appetite for that.
00:15:31.000Well, perhaps that's true and perhaps that is not.
00:15:33.000But the fact is that the president of the United States does have an enormous amount of power, again, over immigration regulations.
00:15:39.000And the courts keep striking down every immigration regulation when they spent years basically OK Barack Obama not doing anything about illegal immigration and actively seeking to incentivize illegal immigration.
00:15:53.000Trump has suggested to aides in recent weeks that the administration's previous policy of separating families at the border could be used to deter crossings and that a version of the policy could be reinstated.
00:16:02.000According to two people with knowledge of the discussions, some aides have resisted the idea of family separations, citing the public backlash last summer and noting that Trump himself reversed it, which is true.
00:16:11.000President Trump was so intimidated by the public backlash that he signed an executive order saying that parents and kids would have to be kept together, which generally resulted in the release of the parents and the kids into the general population of the United States.
00:16:25.000But with that said, you know, it is amazing.
00:16:27.000So it seems perfectly reasonable to me.
00:16:45.000Either your kids stay with your relatives while you wait for your court date, or they can stay with you.
00:16:50.000I don't see why that is in any way inhumane or terrible.
00:16:54.000The only thing inhumane and terrible is Democrats not providing the funding to allow some sort of comfortable stay for the illegal immigrants crossing the border with their kids.
00:17:01.000That's the only thing that seems inhumane to me.
00:17:03.000And the reason Democrats are not doing that is because they want to force the president to release all of these people into the interior of the United States.
00:17:09.000They're literally busing people into places like San Antonio and dropping them off at food... at food banks.
00:17:19.000Nonetheless, this has been taken as evidence that the President of the United States is a brutal, horrible, terrible man.
00:17:23.000Now, again, Barack Obama kept kids in cages in 2014.
00:17:28.000All of the original pictures that were brought up a couple of years ago were from the Obama administration, not from the Trump administration.
00:17:34.000Nonetheless, it is now considered something deeply horrible to say to people crossing the border and claiming asylum, we need to adjudicate your claim, and now you have the option.
00:17:41.000You can stay with your kids in custody, or you can make sure that your kids are taken care of with a family relation while you wait for your turn.
00:17:47.000But we are not going to simply just say you get to go free into the interior of the United States.
00:17:52.000How that is unreasonable is absolutely beyond me.
00:17:54.000But according to the left, this is the equivalent of white supremacy.
00:17:58.000So Jonathan Chait, who sometimes is an intelligent human but is not in this particular tweet, He tweeted out binary, as in like the binary choice that Trump is providing.
00:18:14.000How in the world is it Sophie's choice to give people the option of staying with their kids or give them the option of putting their kids with the government or with a family member while they await their turn to be adjudicated for asylum?
00:18:26.000How's that like Sophie's choice in any way?
00:18:30.000For those who have not read the book or seen the movie, it's about a mother in the Holocaust who is given the choice as to which of her two children she wants the Nazis to murder.
00:19:17.000If I were living in Honduras or El Salvador, and my only option were to try and cross through to the United States illegally, I'd probably do the same thing.
00:19:23.000That doesn't mean I get to violate the laws of the country.
00:19:26.000And I would expect that the government would want to process me.
00:19:29.000And the government would want to make sure that I'm not released into the interior without them actually adjudicating whether I'm full of it when I claim political asylum.
00:19:37.000But the overblown reaction to this is really quite astonishing.
00:19:44.000So Stephen Miller is, of course, the president's very tough on immigration advisor.
00:19:48.000And I disagree with Stephen Miller on a fair bit of his immigration policy, particularly his view on the economics of immigration.
00:19:54.000He suggests that we should cut down legal immigration, too, because it's a threat to American jobs and all of this.
00:19:59.000I generally disagree with that policy.
00:20:02.000I disagree with Stephen Miller's approach to his kind of presentation in public and all of that.
00:20:08.000But the new play by the left is to suggest that Stephen Miller is a white supremacist.
00:20:12.000So Morgan Freeman He says, We are witnessing the deliberate reincarnation of Adolf Hitler right before our eyes, and Stephen Miller, who will stop at nothing to preserve some BS pure white bloodline.
00:20:23.000We should be very scared and must stop Trump from empowering this evil and hatful man.
00:20:27.000I don't know how many hats Stephen Miller has, but I know that I'm deeply worried about people who have too many hats.
00:20:50.000And then Ilhan Omar sounds off, like rabid anti-Semite and Jew hater Ilhan Omar.
00:20:54.000She says, Stephen Miller, who is Jewish, is a white nationalist.
00:20:58.000The fact that he still has influence on policy and political appointments is an outrage, says the anti-Semite who sits on the Foreign Relations Committee.
00:21:19.000Well, yeah, because it's gonna be Stephen Miller.
00:21:21.000And his sort of white nationalist tendencies are really obvious.
00:21:25.000He can't even dress that up as, I was just doing what I was told.
00:21:28.000I mean, he goes back to relationships with Richard Spencer and the alt-right in several different areas.
00:21:32.000But I think even more disturbing is this idea that Nielsen, it wasn't just, she was under no circumstances fighting against this administration.
00:21:39.000She was just trying to find ways to smooth it down and cover it with sugar and make it okay.
00:21:43.000And that's what makes it so disgusting.
00:21:48.000Such a wild overstatement that this is based on white supremacy as opposed to, hey, we can't just have tens of thousands of people flowing over the border without us doing anything about it.
00:21:56.000But everything for the left becomes an issue of racism.
00:21:59.000Now, as I've said, I don't like how Stephen Miller has publicly presented.
00:22:02.000I think his original travel ban, as written, was stupid and counterproductive.
00:23:15.000So what is the real agenda here for a lot of folks on the left?
00:23:27.000I do not think that it is the humane treatment of people crossing the border.
00:23:31.000If it were, they would be calling for more funding, not less funding, for Border Patrol so we could make sure that people who are crossing the border and are taken into Border Patrol custody are then being kept in comfortable conditions along with their children while their cases are being adjudicated.
00:23:45.000For the judiciary, for these border courts, so that we could accelerate the process and make sure that everyone is heard more quickly.
00:23:50.000Democrats have turned all of this stuff down.
00:23:53.000Instead, what they want to do is create a false scarcity in the border patrol system so that they can then claim that Trump is being cruel.
00:24:00.000That is the goal here, to claim that cruelty is the goal.
00:24:04.000Well, again, the goal would be to enforce the law.
00:24:09.000Now, Trump and his people haven't helped themselves because there are all sorts of reports that have been put out by the media that Trump says that he wants to magnify family separation as a deterrent for people who are crossing the border.
00:24:19.000And that, of course, I have said over and over and over is wrong.
00:24:22.000But if cruelty, if the Democrats and people in the media are claiming that Trump's cruelty is sort of a feature, not a bug of the system, So too is the Democratic program, which is deliberately robbing the CBP of the support that they need in order to make sure that the system is not cruel.
00:24:36.000But here's Anderson Cooper calling Trump cruel, not the Democrats who are withdrawing all the funding.
00:24:40.000The president, whether he likes it or not, has explicitly embraced the notion of family separation.
00:24:44.000The cruelty, it's not a bug of the system.
00:24:48.000It's a feature, which may have been a bridge too far for Secretary Nielsen.
00:24:51.000But even if it was, it comes at the end of a very, very long road, which she has been traveling for a very, very long time.
00:24:57.000Okay, so it's a feature, not a bug, and everybody who's involved is cruel and brutal and terrible and awful and cruel and brutal.
00:25:04.000Except for the Democrats who refuse to fund this stuff.
00:25:07.000Except for the Democrats who refuse to fund this stuff.
00:25:08.000So their line is going to be that Trump is being unethical and terrible.
00:25:12.000Juan Williams on Fox News tried to make the same point.
00:25:15.000The truth is that Obama was dealing with unaccompanied minors.
00:25:19.000Here you have families, so you have moms and children who were separated by Nielsen.
00:26:22.000Everyone wants people who are entering the country and legitimately have asylum claims treated humanely.
00:26:26.000I want them kept in comfortable conditions while they await the trial to which they are entitled on their asylum claim.
00:26:33.000And I want people who are falsely claiming asylum not to be able to enter the country.
00:26:36.000I want those people to go to the back of the line and not cut the line.
00:26:40.000And I want those people to apply the normal way.
00:26:43.000And I have deep sympathy for people who are trying to get into the country.
00:26:47.000I am essentially libertarian on immigration except for two issues.
00:26:50.000Welfare use and cultural assimilation.
00:26:52.000I think the people who come to the United States should assimilate into traditional American values, meaning a belief in small government, meaning a belief that the government is not the solution to everybody's problems, meaning a belief in free speech, a belief in private property, right?
00:27:04.000All of these sort of Anglo-Saxon notions of law.
00:27:08.000I think that everyone, including my great-grandparents, had to come and assimilate to those.
00:27:36.000But the courts have made a standard that is not enforceable other than for the president to do nothing about illegal immigration.
00:27:42.000And that's precisely what Democrats want.
00:27:43.000Here's Tom Perez from the DNC basically just saying that out loud.
00:27:47.000The notion that this secretary who will live in infamy, who is now no longer there, is going to be replaced by someone that he wants to be quote-unquote tougher, they're losing sight of the point here.
00:28:32.000So you paint Trump as cruel, you use the federal courts to knock down any policy he attempts to pass, you have Democrats stand out front and rip on the cruelty while simultaneously depriving the Border Patrol and Immigration and Naturalization and depriving Immigration and Customs Enforcement from being able to take care of the people crossing the border properly, and then you claim that you are just being compassionate.
00:28:53.000What a convenient, convenient thing for members of the Democratic Party.
00:29:00.000But I guess we're used to that at this point from folks on the left when it comes to the immigration decision.
00:29:06.000They are constantly claiming that there is some sort of secret, there's some sort of secret motivation behind Trump's policy on immigration.
00:29:15.000As an American citizen who wants immigrants treated humanely, I also want to make sure that people who come in the country are not criminals, are legitimately claiming asylum under America's laws, are treated humanely, and are not let in willy-nilly and then just sent to the middle of the country.
00:29:30.000I don't see why any of these things are mutually exclusive, and they shouldn't be.
00:29:33.000Democrats have made them mutually exclusive.
00:29:35.000The media have made them mutually exclusive.
00:29:38.000Okay, coming up, we're going to talk about a letter from Kyle Korver, who's an NBA player, all about accepting his white privilege.
00:29:45.000And we'll talk about what's right and what's wrong in the letter, because I think there's some actual interesting complexity to the letter.
00:29:49.000First, You have to go over to dailywire.com and subscribe for $9.99 a month.
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00:31:12.000In any case, the Players' Tribune is a place where a lot of professional athletes write about their thoughts.
00:31:18.000Kyle Cover has this piece that is being widely distributed and shown as this is an example of how white people should act on the issue of race.
00:31:25.000And so I think it's worthwhile going through it because there's some stuff here that's meritorious and there is some stuff here that is really not.
00:31:31.000That's an over-read of the situation and creates a standard that is unfulfillable.
00:31:36.000He says, When the police break your teammate's leg, you'd think it would wake you up a little.
00:31:39.000When they arrest him on a New York street, throw him in jail for the night, and leave him with a season-ending injury, you'd think it would sink in.
00:31:44.000You'd think you'd know there was more to the story.
00:32:15.000I'm embarrassed to admit it, which is why I want to share it with you today.
00:32:19.000He said that they were friends, and he talked about how they had hung out a lot.
00:32:23.000He said that when he found out that Thabo had been arrested, his first reaction was, what was Thabo doing out at a club on a back-to-back?
00:32:29.000Not how's he doing, not what happened during the arrest, not something seems off with this story, nothing like that.
00:32:34.000Before I knew the full story, before I'd even had a chance to talk to Thabo, I sort of blamed Thabo.
00:32:38.000I thought, well, if I'd been in Thabo's shoes out at a club late at night, the police wouldn't have arrested me, not unless I was doing something wrong.
00:32:58.000Thabo had surgery and went back through rehab, but he couldn't shake his discomfort because his first reaction was, what was he doing out at a club on a back-to-back?
00:33:05.000Well, first of all, that's a legit question.
00:33:08.000Why was your other teammate also out at a club on a back-to-back?
00:33:10.000These two things are not mutually exclusive.
00:33:12.000You shouldn't be out at a club on a back-to-back, presumably.
00:33:15.000Also, there are racist police officers who sometimes do racist things, which it appears is what happened in this case, although the police actually tried to prosecute this player and suggested he resisted arrest, and it is unclear from all the surrounding evidence what exactly happened.
00:33:29.000Nonetheless, Kyle Corver talks about this.
00:33:31.000He says, That when he heard that Russell Westbrook and a fan exchanged words during a game, his initial reaction was, you know Russell Westbrook, he gets into it with the crowd a lot.
00:33:41.000And then the full story came out later.
00:33:42.000What happened was that a fan had said some really ugly things at close range to Westbrook.
00:33:53.000In a closed-door meeting with the president of the Jazz the next day, my teammates shared stories of similar experiences they'd had, a feeling degraded in ways that went beyond acceptable heckling.
00:34:00.000One teammate talked about how his mom had called him right after the game, concerned for his safety in Salt Lake City.
00:34:05.000One teammate said the night felt like being in a zoo.
00:34:07.000One of the guys in the meeting was Thabo.
00:34:08.000My teammate in Utah now, I looked over at him and remembered his night in New York City.
00:34:14.000But there was another emotion in the room that day, one that was harder to put a finger on.
00:34:18.000It was almost like disappointment mixed with exhaustion.
00:34:20.000Guys were just sick and tired of it all.
00:34:23.000He said, this wasn't the first time they'd taken part in conversations about race in their NBA careers.
00:34:27.000It wasn't the first time they'd had to address the hateful actions of others.
00:34:30.000And one big thing that got brought up a lot in the meetings was how incidents like this, they weren't only about the people directly involved.
00:34:35.000They weren't about Russ and some heckler.
00:34:43.000He says, before the meeting ended, I joined the team's demand for a swift response and a promise from the jazz organization that it would address the concerns we had.
00:35:04.000So, there's a tendency on the left to attribute every individual fault to society at large.
00:35:10.000If a person commits a crime, that's because society is brutally unequal.
00:35:14.000And if a person is a racist, that's because society is deeply racist.
00:35:18.000Society is always responsible for the actions of the individual.
00:35:21.000And you can see in this piece, Korver trying to internalize that and saying, well, I am part of society, therefore I am responsible for the actions of this random racist fan, even though I think that the guy is a jackass, and even though I sided with the people who are calling on him to be banned.
00:35:36.000And then he talks about how he has a guilt that he simply cannot wash away, really.
00:35:42.000I mean, that's really what he gets down to.
00:35:44.000He says that there's an elephant in the room I've been thinking about a lot over these last few weeks.
00:35:48.000It's the fact that demographically, if we're being honest, I have more in common with the fans and the crowd at your average NBA game than I have with the players on the court.
00:35:54.000Which, there's nothing that you can do about that.
00:35:59.000He says, I'm beginning to understand how that means something.
00:36:01.000I'm realizing no matter how passionately I commit to being an ally, no matter how unwavering my support is for NBA and WNBA players of color, I'm still in this conversation from the privileged perspective of opting into it, which of course means that on the flip side, I could just as easily opt out of it.
00:37:51.000I have to support leaders who see racial justice as fundamental, as something that's at the heart of nearly every major issue in our country today.
00:37:57.000And I have to support policies that do the same.
00:38:01.000It depends on the leaders and whether their ideas are good.
00:38:04.000Why do you have to listen to everything Al Sharpton has to say because you happen to be a different color from Al Sharpton and the same color as some people who are racist?
00:38:11.000You don't own the actions of other white people just because you happen to be white any more than a Muslim owns the actions of every radical Muslim or a black person owns the actions of every other black person.
00:38:22.000This is self-imposed racial hierarchy.
00:38:58.000I guess I've come to realize that when we talk about solutions to systemic racism, police reform, workplace diversity, affirmative action, better access to health care, even reparations, it's not about guilt.
00:39:06.000It's not about pointing fingers or passing blame.
00:39:10.000It's about understanding that when we've said the word equality for generations, what we've really meant is equality for a certain group of people.
00:39:16.000Here's sloppy thinking and sloppy writing.
00:39:19.000He says it's about understanding that when we've said the word equality, what we've really meant is equality for a certain group of people.
00:39:25.000When I've said the word equality, I don't mean for a certain group of people, and neither does Kyle Korver.
00:39:29.000So now, he's actually merging back in guilt and responsibility.
00:39:33.000He is saying that we, like Kyle Korver today, is responsible for 60 years ago, somebody not meaning black people when they talked about equality.
00:39:41.000He says it's about understanding that when we've said the word inequality for generations, what we've really meant is slavery and its aftermath.
00:39:50.000When I've said inequality, I don't mean slavery and its aftermath.
00:39:55.000So, he basically suggests that the only way to be a woke person, the only way to fight racism, is for white people to shut up, and then listen to black activists, and then suggest that they are right on everything, because we could, after all, recede into the racist background.
00:40:12.000And you can see this manifest in Kyle Korver's recommended policy.
00:40:15.000So when he says that there's a difference between guilt and responsibility, that of course is correct.
00:40:19.000I have a responsibility for my child, And that's not about guilt or innocence.
00:40:23.000I have a responsibility for people who live in my community to help them out.
00:40:29.000But that is not the suggestion of slavery reparations.
00:40:31.000The suggestion of slavery reparations is that I am guilty for a sin of the past and therefore I owe something to this person.
00:40:39.000Not as a fellow citizen, but for the sins of the past for which I am somehow guilty.
00:40:44.000This is why I don't have any problem with folks on the left talking about rectifying inequality through government policy, except that I think that they are wrong.
00:40:52.000I don't agree with the principles undergirding their use of government to do this thing, but I don't have a generalized problem with the sort of left-leaning policy that says that economic inequality requires government intervention.
00:41:05.000Again, I disagree with the policy, but the underlying motivation, at least I understand, But I am not okay with the slavery reparations conversation that implies guilt for past sins for white people, for example, because now you're not separating people based on wealth or non-wealth.
00:41:20.000Now you are separating people specifically based on race and imputing responsibility and guilt for actions to a group of people who legitimately had nothing to do with that thing.
00:41:30.000That's why when you see people like Cory Booker pushing an investigation of slavery reparations, he can't explain what he would do with slavery reparations.
00:41:38.000Because they understand immediately that other than their generalized government policy they'd be pushing anyway, there's no way to do this without imputing guilt to a certain group of people who are actually not guilty for these actions.
00:43:21.000This is the kind of language you see on college campuses a lot, and I don't happen to think that it is a particularly useful form of discourse.
00:43:28.000We should all try to understand the experiences of black people in the United States, of course.
00:43:33.000We should all try to think of each other as brothers and sisters, of course.
00:43:36.000But this basic notion that when you see a racist heckler in the crowd, that you somehow have a shared commonality with the racist heckler more than you do with the person being heckled, that is you breaking yourself down into a person Who is a member of a group by dint of color, as opposed to you being an individual who gets to make your own decisions in life about how you wish to act.
00:43:56.000Obviously, Kyle Corver has much more in common with the NBA player who is black standing next to him on the court than the white heckler in the crowd.
00:46:35.000Of course she is using a Chinese name to demonstrate that it is- Like, if somebody opened a deli, if somebody opened a deli, and their last name happened to be Smith, I wouldn't expect them to call it Smith's Deli.
00:46:47.000If they called it Stein's, I wouldn't be like, oh, cultural appropriation, that's so terrible, oh my go- They're trying to convey that it's a Jewish-style deli, like wha- So this lady has now been hit by crazy Yelp reviews.
00:48:25.000If Biden had gone on Fox News, he'd be hit by the online left for presumably Here's Bernie Sanders, though, slandering Fox News as a propaganda outlet while proclaiming he will appear on it nonetheless.
00:48:38.000For better or for worse, and it is for worse, for whatever reason, you know, Fox has a huge viewing audience.
00:48:44.000And to simply say that we're not going to talk to millions of people who watch that network, I don't think is smart.
00:48:53.000When I go on Fox, what I will say is, look, many of you voted for Donald Trump, but he lied to you.
00:48:58.000How do you explain that to people who voted for Trump, if you don't talk to people who voted for Trump?
00:49:02.000Working people need to know the truth, and that is that Donald Trump betrayed them, lied to them.
00:49:08.000Okay, so he is wrong about all of these things.
00:49:10.000But, you know, it is amazing how he and many members of the left will call Fox News a propaganda outlet while appearing on a place like MSNBC.
00:49:48.000The supposed evidence linking vaccinations to autism is a bunch of hooey.
00:49:52.000And the fact that we have gotten rid of diseases that have plagued humanity for legitimately thousands of years and that we are now seeing those diseases rise again is a pretty terrible thing.