In the Litter Box - November 05, 2026


＂LAWYER UP＂ ｜ In the Litter Box w⧸ Jewels & Catturd – Ep. 1130 – 11⧸5⧸2026

WHAT JUST HAPPENED ｜ In the Litter Box w⧸ Jewels & Catturd - Ep. 1129 - 11⧸4⧸2026 WHO HAD THE KEYS ｜ In the Litter Box w⧸ Jewels & Catturd – Ep. 1131 – 11⧸6⧸2026

Episode Stats


Length

1 hour and 10 minutes

Words per minute

126.41

Word count

8,948

Sentence count

585

Harmful content

Misogyny

17

sentences flagged

Toxicity

6

sentences flagged

Hate speech

3

sentences flagged


Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
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00:00:14.480 Together, we've delivered a $3.6 billion boost to the Canadian economy over the past five years.
00:00:20.260 That's money that goes to securing our skies, our oceans, and the place we call home.
00:00:25.600 Learn more at LockheedMartin.com slash Canada.
00:00:30.920 My rec league goalie says he plays for the love of the game.
00:00:34.780 You gave up six goals last week, Steve.
00:00:37.420 Maybe play to win, huh?
00:00:38.760 Like with Bet365, I get paid the second my team goes up big with early payout
00:00:42.680 and can cash out at any time before the game ends.
00:00:46.440 Come on, Steve.
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00:00:51.120 Must be 19 and older, Ontario only.
00:00:52.840 Please play responsibly.
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00:00:59.100 Terms and conditions apply.
00:01:29.100 Hello there, Littermates.
00:01:55.980 How are you today?
00:01:56.940 Are you better today?
00:01:57.940 Are you revved up and ready to go? Ready to roar? Well, today is Thursday, November 5th,
00:02:04.900 2026. This is episode number 1130. My goodness, time is flying. I want to see how you're doing
00:02:12.100 though. I've been thinking about you. It's been such a crazy ride. It's Thursday, two days out.
00:02:19.620 Who have we got in here? Let's see. I'm going to try to get some people that I haven't said
00:02:23.480 hi to it before faith b underscore 9042 how are you working man underscore j good to see you
00:02:30.840 marissa renee hello there dz damn hey how are you let's see karen stell hi i see you my goodness
00:02:42.140 there's one of my gems good to see you lavender wisp how you doing coconut milk one two three 0.77
00:02:49.020 A lot of new names here, a lot of new names, and I know it's because we're all going through
00:02:54.540 the exact same thing.
00:02:55.800 Well, you've come to the right place because I want to start today with the thing that
00:03:02.260 I've been hearing from you since Tuesday night because I would rather say it out loud once
00:03:08.100 than pretend I can't hear it.
00:03:11.580 A lot of you, and rightfully so, you are not sad anymore.
00:03:16.980 You are done.
00:03:19.020 There is a difference, and I know the difference.
00:03:22.760 Sad is when you lose something.
00:03:25.480 Done is when you've had it.
00:03:28.500 So here is what I did with my morning instead of feeling that. 0.92
00:03:32.720 I went and read what the losers filed.
00:03:36.800 Because something funny happened in the 48 hours after those polls closed.
00:03:42.640 Almost nobody with a grievance went back to the voters.
00:03:46.120 Not one of them said, all right, you beat me.
00:03:49.140 I will make my case again next time.
00:03:51.680 No, it was nothing, nothing at all like that.
00:03:55.380 They went and got a lawyer.
00:03:58.480 Imagine that.
00:04:00.120 Imagine the surprise.
00:04:01.860 So let's start up at the top here because I have got a state party chair who called Tuesday night one of the best nights of her entire life 0.97
00:04:13.520 and who is now headed to a judge to undo part of that same night.
00:04:18.760 I have got a federal judge who told the Justice Department out loud from the bench,
00:04:23.740 go out and indict.
00:04:26.080 And a week later, a grand jury handed up 10 names.
00:04:30.640 I've got one of the biggest Muslim advocacy groups in this country
00:04:35.580 taping a neon orange sign to its own office window in Florida yesterday afternoon.
00:04:42.240 And I've got a congressman whose own voters fired him in May, handing the Secretary of War a resignation ultimatum.
00:04:52.300 And I've got a settlement with a smiley face in it, in a document, page four.
00:04:59.580 That's the hour.
00:05:01.340 And I'm not going to open with a silver lining today.
00:05:04.660 Nope, I am going to close with one.
00:05:06.840 it is real it happened this week and it has a degree number on it has a decree so you understand
00:05:15.580 what's actually going on here what I actually have instead is better and it is the thing that
00:05:23.820 nobody gave you on Tuesday night I can tell you exactly how each one of these things actually
00:05:30.800 works, what a judge can do and what a judge cannot touch, what a statute does that a signature
00:05:38.740 never could, what a government, a governor can actually kill on her own, and what she needs two 1.00
00:05:45.920 chambers for. Dates, effective dates, roll calls, the paper. And then at the end of this hour, I'm 1.00
00:05:55.280 going to tell you about a man who counted 1711 days and about the one person in this
00:06:02.760 entire story who fixed something without filing a single piece of paper to do it.
00:06:10.460 Stay with me.
00:06:11.760 This is going to be quite a show.
00:06:15.020 I can assure you of that.
00:06:16.560 Lots of information, lots of things that are going on.
00:06:19.980 So, I want to start in Olympia, Washington, with a woman named Shasti Conrad.
00:06:27.440 Okay.
00:06:28.580 She chairs the Washington State Democrat Party, and on Tuesday night, she had, in her own words,
00:06:36.720 one of the best election nights of her lifetime.
00:06:40.880 This is what she said.
00:06:43.300 She was not exaggerating.
00:06:45.140 I mean, her side held every single congressional seat, and it was defending in that entire state.
00:06:53.540 It grew its majorities in the state legislature, not for the first time, for the sixth cycle in a row.
00:07:02.640 Sixth in a row.
00:07:04.860 So picture her Tuesday night.
00:07:07.500 Picture the room. 1.00
00:07:08.380 That is a woman who got everything she asked for.
00:07:11.180 And on the same ballot, in the same booths, by the same hands, on the same day, the workers of Washington State passed an initiative, 6-3-8.
00:07:25.020 1,252,863 people voted yes.
00:07:35.300 961,810 voted no.
00:07:41.180 now I'm going to read you what that initiative actually does from the initiative not from
00:07:50.480 anybody's description of it because this is one of those subjects where everybody wants to tell
00:07:55.520 you what the words mean instead of telling you what the words are it requires a school district
00:08:04.400 policy, quote, prohibit biologically male students from competing with and against
00:08:12.600 female students, end quote, in K-12 athletic activities intended for female students only.
00:08:23.920 That's it. That's the whole thing. Girls' sports are for girls. 56.6%. 1.00
00:08:33.080 percent. And here's the second number. And the second number is the one that tells you this was
00:08:38.780 not some conservative wave washing through Washington state because there was no conservative
00:08:44.900 wave in Washington state on Tuesday. But on that same ballot, there was a measure to repeal the
00:08:51.720 state's millionaire's tax. 9.9% on income over a million dollars. Repeal it. Those same voters
00:09:03.100 said no. They kept the tax. 58% to 42. So the people of Washington state on one ballot,
00:09:14.080 on one day said two things at the same time. Keep taxing the rich and girls' sports are for girls. 1.00
00:09:26.140 And I have to tell you, that is one of the most coherent things I have seen in an electorate do
00:09:32.120 in years. There is nothing confused about it. That is a state saying we are not conservatives
00:09:39.100 and we are not insane either.
00:09:43.440 So what did the chair of the party say about her night?
00:09:47.000 Well, about the tax repeal failing, she said,
00:09:51.220 and I'm quoting her, so we're thrilled.
00:09:53.480 This is what she said.
00:09:55.960 She says, that exact word, thrilled.
00:10:00.540 We're thrilled.
00:10:03.500 58% thrilled.
00:10:05.620 And about the other one, the 56.6, the 1,252,000 people, she said she's going to fight it in court.
00:10:19.840 Same ballot, same voters, same hands, same night.
00:10:26.060 Thrilled with the 58.
00:10:29.380 Going to a judge about the 56.
00:10:32.820 six. Now I could spend the next 10 minutes on how that feels and I'm not going to because you
00:10:40.240 already know how it feels and because what it feels like is not useful to you. What is useful
00:10:46.840 to you is how. And I went and I got the how this morning because the part of the story that nobody
00:10:55.580 is going to tell you is the part where this was already stopped once and the people who could
00:11:01.560 have stopped it, decided not to. So follow the calendar with me because it matters.
00:11:08.620 This did not start as a ballot measure. In Washington state, there is a thing called
00:11:14.500 an initiative to the legislature, and it works exactly like it sounds. You gather the signatures
00:11:20.920 and instead of going straight to the voters, it goes to the legislature first. The lawmakers
00:11:27.820 get the first crack at it. In early January, the people pushing this turned in about 445,000
00:11:38.480 signatures. On January 22nd, the Secretary of State, Steve Hobbs, formally notified the
00:11:47.560 legislature that the signatures had been verified and certified. That is the letter. It has a date
00:11:55.360 on it. The legislator was told in writing in January. And the rule is this. If the legislator
00:12:04.900 does nothing by the end of its session, the measure goes on the next general election ballot
00:12:11.380 automatically. The end of that session was March 12th. So here is where I need you to be very
00:12:24.000 clear-eyed because this is the whole thing. That legislator is controlled by her party
00:12:30.940 comfortably for years, including the two chambers she just spent Tuesday night celebrating for 0.97
00:12:37.440 growing their majorities for the sixth cycle in a row. They had the paper in January. They had
00:12:44.900 until March 12th. They could not have amended it. I mean, they could have if they wanted to,
00:12:49.780 They could have amended it. They could have passed a competing version. They could have written their own policy and put it in statute, which was the one thing that actually would have settled it.
00:13:03.180 They did nothing. And when you do nothing with an initiative to the legislator, you're not blocking it. You're mailing it straight to the voters.
00:13:14.680 That is what the statute does on its own, while everybody is at recess.
00:13:21.440 So the sequence is not complicated, and I want it in order, out loud, once.
00:13:27.480 January, the legislature is told in writing that this is coming.
00:13:32.700 March, the legislature's session ends with the bill untouched, which sends it to the ballot.
00:13:39.740 November 3rd, 1,252,000 people vote for it.
00:13:47.140 November 3rd, later that same evening,
00:13:50.580 the chair of the party that controls that legislature
00:13:53.600 calls it one of the best nights of her life.
00:13:58.120 November 4th, she announces she is taking the result to a judge.
00:14:04.740 And I want to be fair to her about one thing,
00:14:06.940 because being fair is how you stay credible and I intend to stay credible. She is allowed to do
00:14:12.920 that. Going to court over a ballot measure is legal. It's normal. It happens in this country 1.00
00:14:19.500 constantly in both directions and some of those cases are righteous. That is not what is bothering
00:14:27.060 me. What is bothering me is which number she is arguing with because she is not arguing with the
00:14:36.040 count. Nobody in Washington state is claiming a miscount. The returns are the returns and her
00:14:43.180 own side had a terrific night in them. She is arguing with the answer. And that is the thing
00:14:54.720 that I want you to carry for the next 15 minutes because you are going to watch it happen four more
00:15:01.640 times in this hour in four more places by four more people who have absolutely nothing else in
00:15:10.020 common. Tuesday, the voters answered. Wednesday, everybody who did not like the answer went and
00:15:19.720 got a lawyer. And the very next one on my list is the strangest one because this time the lawyer
00:15:27.340 did not come from the side that lost.
00:15:30.860 This time, the judge is the one who went looking for it.
00:15:38.980 Now, let's head on over to California
00:15:41.900 and to a federal judge named David Carter.
00:15:47.740 And I want to tell you up front,
00:15:49.220 because it matters to how you hear the rest of it,
00:15:52.260 that this story starts with the government losing.
00:15:55.220 Back in October 15th, this Justice Department, they sued the state of California and Los Angeles
00:16:04.100 County. And the thing it asked for was big. It had a list, 20,000 names in its own filing. Page
00:16:13.700 two, paragraph four. The government says it believes those are likely non-citizens who were
00:16:21.280 sent a vote to a vote by mail that ballot that's what they have here and what it wanted the court 0.97
00:16:31.040 to do was order California to set those ballots aside now stay with me because this is the part
00:16:37.680 where I have to be honest with you even though it is not the fun answer on Monday Judge Carter said
00:16:45.760 no. He turned the Justice Department down. He would not order the state to pull ballots out of
00:16:52.040 a stack on the strength of a list. And you know what? I understand why. I do. I do not love it,
00:17:00.040 but I understand it. Because a court ordering a state to quarantine 20,000 ballots eight days
00:17:07.560 before an election is a sledgehammer. And a sledgehammer in that direction today is a sledgehammer
00:17:14.140 in the other direction in four years. I get it. But he did not stop at no. And this is the part
00:17:22.780 that made me sit up because I have never in my life heard a judge do it this plainly.
00:17:31.260 He turned to the prosecutors in his courtroom and he told them what he thought the real remedy was.
00:17:38.260 He said, an indictment is the traditional one.
00:17:43.840 And he said, and quote, an absolute chilling effect.
00:17:50.000 He said that.
00:17:51.900 He said that it has an absolute chilling effect.
00:18:00.040 And then he said, go out and indict.
00:18:04.660 Go out and indict a sitting federal judge from the bench to the Justice Department,
00:18:14.760 not a hint, not a footnote, in an order that 11 people read out loud in a room with a transcript in it.
00:18:25.680 That was Monday.
00:18:27.140 Wednesday, the day after the election, a federal grand jury sitting in Santa Ana handed up an
00:18:36.540 indictment. Ten people, Los Angeles and Orange counties. Ten were charged. And before I go one
00:18:47.300 syllable further, here's the thing that I'm going to say once and mean. Those are charges. Ten people
00:18:55.440 have been accused not one of them has been convicted of anything and in this country you
00:19:00.320 are not guilty because a grand jury said the word that is not me being soft at all that is me
00:19:08.020 refusing to do the thing that I have spent four years watching other people do on our side I'm
00:19:14.360 not doing it all right so here's now the details of the whole thing all 10 of those people are
00:19:23.900 lawful permanent residents, green card holders, every one of them. These are not people who came
00:19:31.300 across a river last spring. These are people who are here legally with documents in the system
00:19:38.860 in line. And here is the number that I did not expect. And it's the reason this story
00:19:44.640 is not what you think it is. Nine of the 10 are not charged over a ballot at all.
00:19:53.900 Mm-mm. Nine of the ten are charged with lying on a naturalization application, with filling out the form to become an American citizen, and on a form denying that they had ever registered to vote or ever claimed to be a citizen.
00:20:12.520 one of the 10 is accused of voting four times 2020 twice in 2022 and 2024
00:20:24.240 so sit with the shape of what is actually being alleged there it is not mainly a vote
00:20:32.960 fraud case. It is a case about the application. It is about the last question on the paperwork
00:20:42.160 before you get to raise your right hand. And the first assistant United States attorney out there,
00:20:50.980 a man by the name of Bill Asaley, said the quiet part out loud. He described these defendants as
00:20:59.380 legal immigrants. He said, they are people who are voluntarily going through the immigration 0.86
00:21:05.840 process. That's who they are. He said, quote, they're trying to become a citizen.
00:21:12.220 That is a prosecutor telling you his own defendants are not villains out of a movie.
00:21:18.080 They are people who want in. And I will tell you what I think about that since you're here,
00:21:24.860 and I am the one with the mic. I think it is worse. Not for them, for us. Because the whole
00:21:35.900 transaction of becoming an American is one promise on one piece of paper. It is not a fee.
00:21:44.100 It is not a wait. It is a promise. You tell the truth about who you have been and in exchange,
00:21:52.180 this country hands you the single most valuable citizenship on the face of the earth.
00:22:00.140 And the people in that courtroom are accused of getting the order wrong,
00:22:05.340 of taking the vote first and asking for the country second.
00:22:11.220 You do not get to vote your way into a country you are still asking to join.
00:22:17.160 so count the two cases together because the pair is the point in Washington state somebody lost a
00:22:26.660 question she did not like and went looking for a judge in California a judge refused to give the
00:22:34.940 government the big win it asked for and then told it where the law actually lets it go
00:22:41.580 both of those are courtrooms both of those happened inside the same 48 hours one of them
00:22:52.500 is a party chair trying to get a judge to overrule 1,252,000 people the other one is a judge telling
00:23:03.600 the government, no, you cannot have 20,000 ballots, but if you've got individuals who
00:23:10.920 broke the law, then name them, charge them, and prove it in front of a jury like everybody else.
00:23:19.140 I know which one of those I think is the system working.
00:23:24.680 Now hold that thought because I have got four more pieces of paper to put in front of you
00:23:29.960 and one of them has a smiley face on it.
00:23:33.600 And I actually had to write smiley face instead of give you an emoji because it wouldn't work.
00:23:38.240 For some reason, it just froze at the very end when I was preparing for this.
00:23:42.580 And it wouldn't give me a smiley face.
00:23:44.740 So it says, smiley face here.
00:23:48.360 We, yeah, back into the dark ages.
00:23:51.760 All right.
00:23:52.240 So four pieces of paper.
00:23:55.420 Fast, because all four of these landed in the same two days.
00:23:59.400 and all four of them are the same move wearing a different hat.
00:24:04.860 Number one, Florida.
00:24:07.120 Yesterday afternoon, the Council on American Islamic Relations
00:24:11.500 shut down every operation it has in the state of Florida.
00:24:16.860 And it announced it by taping a neon orange sign
00:24:21.580 to its own office window outside Tampa.
00:24:26.040 Sure did.
00:24:28.060 It's a website now tells people who live in Florida not to join its mailing list.
00:24:34.180 Not to, quote, otherwise engage with CARE or CARE Florida at this time.
00:24:41.660 Nobody rated them.
00:24:43.820 Nobody has been charged with anything.
00:24:46.700 I want that on the record.
00:24:49.000 Today is why.
00:24:50.180 florida's designation of that organization as a domestic terrorist organization takes effect
00:24:59.060 this morning and under the law the governor signed in april knowingly giving material support to a
00:25:06.240 designated group is a crime that reaches the people who writes the check that is what emptied
00:25:14.640 that office. And here's the mechanism because they have beaten Florida on a terrorism label
00:25:21.600 before and they won. I went back and I read the March order. A federal judge blocked the
00:25:29.040 governor's executive order on the First Amendment grounds. The court's own words. This court finds
00:25:37.220 he cannot. So what is different this time? Well, the order stopped a pin. This one is a statute.
00:25:51.320 So an executive order is one man's signature. A law is the whole state.
00:25:59.200 number two north carolina democrats won that senate seat tuesday by almost 20 points 58.7
00:26:14.000 the same voters wrote photo id into the state constitution by almost 20 points the other way
00:26:22.220 59.6
00:26:24.860 one ballot
00:26:27.120 one day
00:26:28.980 the same hands
00:26:31.120 marking both
00:26:32.340 and mail ballots
00:26:35.300 are covered now too
00:26:36.500 so now you can look at the
00:26:39.120 mechanism because it is the second time
00:26:41.340 in one hour that the mechanism
00:26:43.020 is the whole story here
00:26:44.740 Democrats took
00:26:46.920 the state house that same
00:26:49.160 night first time
00:26:50.880 since 2010. And the statute dies with a new majority. One vote in, one chamber, and it is
00:27:00.240 gone. A line in the Constitution does not. Changing that takes another statewide vote of the whole
00:27:07.640 state. The governor there called those amendments a con job on the people of North Carolina.
00:27:15.000 His explanation was that voters did not have enough information.
00:27:19.640 They had the ballot in their hands.
00:27:21.960 They read it fine.
00:27:24.380 Number three, and this is the one with the smiley face.
00:27:27.900 On Tuesday, the Justice Department settled with Lockheed Martin for about $29.5 million.
00:27:36.440 dollars. Twenty two million of that goes to the United States because Lockheed is a federal
00:27:44.720 contractor and it certified in those contracts that it was obeying civil rights law.
00:27:51.880 More than a thousand employees split the other seven and a half and the EEOC says that that is
00:27:59.500 the largest class of workers ever to publicly recover under one of its settlements over one
00:28:06.460 of these programs and this is the this is page four of the signed agreement a director of global
00:28:15.620 diversity and inclusion in writing to human resources this is what they said quote we will
00:28:26.140 identify at least 11 additional POC ads from further functions and the level two race flag
00:28:34.880 will clear. POC is people of color. A flag is what their software put on a list when it did not like 0.73
00:28:44.260 the race of the names on it. And then she signed off. Let's go with a smiley face.
00:28:56.140 The smiley face is in the federal document.
00:29:01.920 I am not describing a mood.
00:29:03.920 I am reading a character.
00:29:07.920 And here's the arithmetic from another one of those same emails, also in the settlement.
00:29:16.080 Increasing POC for the bonus list will result in removing equal count of non-minority.
00:29:23.340 one name on one name off in writing the man who filed that case is Tim Booher he was a vice
00:29:37.160 president there and he put his own name on it now that is not a bias somebody who had to go
00:29:43.220 hunting for right I mean that is a decision somebody was proud of number four is Texas
00:29:50.740 and this one is just the table, fewer than 30. That is how many Texas kids in the top income tier
00:30:01.280 of the school choice program got one of the state's 116,574 accounts. The state's own report
00:30:12.820 has two rows for families way up at the top of the income scale. Both rows read less than 30.
00:30:23.600 The incoming governor called that program a voucher scam in her victory speech. 0.98
00:30:29.380 Her case is that public money is going to privileged families. So here is the comptroller's
00:30:36.400 Own Table, published October 1st. Over 18% of the children in it have a qualifying disability.
00:30:44.360 62% live in a household under twice the poverty line. And another 95,000 kids are still on the
00:30:52.740 waiting list, which that report calls the longest in the country. You do not get a waiting list
00:30:59.760 like that selling something to privileged. Four pieces of paper, a sign on a window,
00:31:08.180 a ballot that went two ways by 20 points, a settlement with an emoji in it, a table with
00:31:16.280 two rows that say less than 30. And in every single one of them turns on the same question,
00:31:26.360 which is the question I actually want to spend time on
00:31:29.460 because nobody explained it to you on Tuesday night
00:31:33.000 and it is the only one that is going to matter
00:31:36.600 between now and January.
00:31:39.120 What can each one of these people actually do?
00:31:46.820 So here is the thing I actually came here to give you today
00:31:50.660 and it is not a feeling.
00:31:52.020 everybody you you know that you are going to hear from this week is going to tell you how Tuesday
00:32:00.840 felt I cannot use that neither can you what you can use is a ladder because every single one of
00:32:10.500 the people in this hour reached for a tool and those tools are not equal they are not even close
00:32:17.140 to equal and almost nobody ever tells you the order which is exactly why it's so easy to sell
00:32:22.780 you a headline about something that cannot actually happen. So let me give you the order
00:32:29.220 the weakest to strongest and there is only one test. How hard is it to undo?
00:32:36.480 bottom rung a statement just a statement a press conference a post a sign tape to a window
00:32:49.240 an announcement that somebody intends to sue cost to undo nothing you undo a statement by
00:32:59.820 making a different statement on thursday and i want you to notice something about this hour
00:33:05.020 a whole lot of what got reported to you as an action in the last two days lives on this rung.
00:33:13.200 Somebody saying that they are going to court is not somebody being in court. Second rung,
00:33:21.020 a signature, one person's pen, an executive order, a designation, a directive, fast, dramatic,
00:33:31.560 and it is one of the ones that makes the news.
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00:34:06.720 Cost to undo.
00:34:09.020 One judge, one successor with a pen of his own.
00:34:15.220 That is the whole reason I keep pulling the statute out and showing it to you.
00:34:20.620 Not because statutes are exciting.
00:34:23.500 They are the most boring thing in an American government.
00:34:27.420 but because the boring one is the one that is still there in the morning.
00:34:34.220 Third rung, a statute, a law, two chambers and a signature,
00:34:41.260 slow, ugly, full of people you cannot stand,
00:34:46.300 cost to undo it, two chambers and a signature all over again.
00:34:52.460 And that is the rung where the Texas story actually sits.
00:34:56.440 So let me use it because this is the single most practical thing that I'm going to say today.
00:35:03.080 The incoming governor of Texas called that program a voucher scam.
00:35:07.660 Okay, fine.
00:35:08.560 She won.
00:35:09.540 She's entitled to hate it.
00:35:12.040 She cannot repeal it.
00:35:14.020 Not because somebody is blocking her, because of where it is.
00:35:20.640 It is in state law.
00:35:23.760 Repealing a state law takes both chambers of that legislature,
00:35:28.100 and that legislature only meets in regular session in odd-numbered years.
00:35:33.860 The next one is in January, which is also when she takes office.
00:35:39.920 So what can a governor do by herself? 1.00
00:35:44.640 Well, she can go after the money. 1.00
00:35:48.260 A Texas governor can line-item veto appropriation. 0.98
00:35:52.960 That is a real power, and it is hers alone, and nobody can stop her from using it.
00:35:58.340 And here is the part that you will not hear anywhere else.
00:36:01.140 A veto reaches the next budget that the legislature sends her, not money that is already appropriated, already out the door.
00:36:13.140 Which means the fight over those 116,000 accounts is not a fight about speech.
00:36:19.720 It is a fight about one line in a budget bill, in a session, in a building, in front of two chambers.
00:36:29.640 And that is not a prediction. I don't do predictions.
00:36:33.640 That is just where the lever is.
00:36:37.080 Top rung. The Constitution of the state.
00:36:42.040 Cost to undo it? Everybody.
00:36:44.880 The whole state. Again, at a general election.
00:36:49.720 That is the rung North Carolina's voters used on Tuesday, and that is why the ballot matters more than the Senate seat on the same ballot, no matter which way you voted on either one.
00:37:06.440 Now, the clocks. Three of them. And they are all running right now.
00:37:13.600 Clock one, the court calendar.
00:37:17.080 And I have to be honest with you about this one because honesty is the only thing I have
00:37:21.420 got that other guys do not have because sometimes it hurts to even say it.
00:37:27.320 The court calendar is slow.
00:37:31.180 Announcing a lawsuit takes an afternoon.
00:37:35.680 Getting a ruling that actually changes something takes months and then the other side appeals
00:37:42.280 and that takes longer anybody who tells you a filing this week settles something this month
00:37:49.480 is selling clock two the sessions calendar legislatures come back in january texas included
00:38:01.280 between now and then almost nothing can be repealed by anybody anywhere no matter how loudly
00:38:09.220 Tuesday is being relegated on television. Then you have clock three. There it is.
00:38:24.060 And that is January 3rd. That is the date the new Congress is sworn in. That is the one,
00:38:33.040 not an estimate, and that is non-negotiable. It is in the Constitution, which means everything
00:38:42.340 happening in Washington between today and January 3rd is happening in a building full of people who
00:38:49.480 already know their replacement's name. So when somebody puts a headline in front of you in the
00:38:56.020 write it like in the next eight weeks, you now have two questions and they take about four
00:39:02.760 seconds. One, which rung is this on? Is it a statement, a signature, a statute, or a constitution?
00:39:12.380 Two, which clock is it on? Is it, is this a thing that happens before January or is it a thing
00:39:21.920 somebody is going to be allowed to talk about until January. That is it. That is the whole
00:39:29.000 trick. And once you've got that, it cannot be sold as procedural headlines ever again. And you will
00:39:36.500 know more about how this actually works than the person reading it to you. And I'm telling you all
00:39:43.740 of this now on purpose because in about 10 minutes, I'm going to put a man in front of you
00:39:50.240 who is standing on the bottom rung of that ladder on the wrong side of all three of those clocks
00:39:57.840 holding a piece of paper and making a demand and the national press is going to spend the
00:40:05.120 next week telling you it is an earthquake it is not and I can prove it with a roll call from March
00:40:14.620 hold that ladder in your head for 60 seconds because this is the thing that pays for this
00:40:22.120 hour and then I'm going to hand you the roll call I know we gotta we gotta break for just
00:40:27.840 one quick little second I get into this so big time that I'm like wait a minute I gotta do
00:40:33.280 something else I've got something else I have to do over here so here we are let me get this
00:40:40.160 on up so you can see what i'm talking about here i know the last person i figured i would go ahead
00:40:47.040 and use it kevin new scum was up in here on polymarket.com he just oh it's just awful but 0.91
00:40:54.340 again the good news is this creep is going to be gone new scum grew scum is gone very very soon 0.73
00:41:01.640 but anyway if you want to know what's really going to happen in politics sports the economy 0.98
00:41:07.240 wherever Polly Market's the place
00:41:09.300 where people are putting real money
00:41:11.280 behind their predictions
00:41:12.300 instead of just yelling about it
00:41:14.440 on TV or social media.
00:41:16.400 And now there's a dedicated app
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00:41:19.640 You can download it today.
00:41:21.360 Sign up with the code Litterbox,
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00:41:31.740 That's the code, Litterbox.
00:41:33.600 The link is in the description box below
00:41:35.680 and you can go and see
00:41:37.000 what the market really thinks. So Buttigieg, fight as well. Okay, I was looking for new scum,
00:41:44.080 but it looks like there's so many different things that they're putting out there. I saw him earlier 0.96
00:41:47.540 and that was plenty, by the way. So we'll start with Pete Buttigieg, favored to be the first
00:41:54.480 Democrat to announce the 2028 presidential run following the midterm elections. Got a 24% chance
00:42:04.060 happening right there right now and so you can look at all of the odds the full list of potential
00:42:11.200 candidates you can go and check them out you just click on here but remember if you use the code
00:42:17.560 litter box if you put in 10 polymarket will give you an extra 20 to get started so that's the code
00:42:24.700 litter box definitely check that out litter box gosh we need to have some fun around here do we
00:42:32.760 not crazy, crazy week. So here is the roll call. But first I have to actually introduce you to this
00:42:45.820 man because it's important that you know exactly who we're talking about here. I'm going to
00:42:51.080 introduce you to the man holding the paper. Wednesday night, Thomas Massey posted a condition
00:42:58.920 And I'm going to read it to you exactly as he wrote it because the grammar of it is the whole story.
00:43:07.100 Quote, there is one contingency in which I won't reintroduce the articles of impeachment.
00:43:16.380 Hegseth resigns.
00:43:20.260 That is the ultimatum delivered to the Secretary of War of the United States.
00:43:26.780 eight articles of impeachment his filing article one right at the top of the page in capital letters
00:43:36.940 is waging war in contravention of the war powers resolution of 1973 and he told a national network
00:43:48.120 that he is going to force the house to vote on it as soon as congress comes back which is next week
00:43:53.900 Now, the national press is going to spend the next seven days telling you that this is the Republican Party turning on Pete Hegseth.
00:44:06.500 So let me hand you the three facts that nobody is going to put in the same paragraph.
00:44:13.800 Fact one, in May, the Republican voters of Kentucky's 4th District fired him.
00:44:20.760 54 to 46 he lost to a former navy seal the president has endorsed and his name is ed
00:44:33.680 galrain his own primary his own party his own district not even close his term ends in january
00:44:46.920 fact two and this is the roll call i promised you this is not the first time the house has
00:44:54.960 looked at the underlying question on march 5th of this year the house voted on whether to pull
00:45:01.200 american forces out of the fighting with iran it failed 212 to 219 and of the 219 on the other side
00:45:14.440 of that, here's the part that matters. Two Republicans voted yes. And he was one of the two.
00:45:24.960 So when somebody tells you next week that Republicans are turning on the Secretary of War,
00:45:31.600 I want you to hear what that sentence actually contains. It contains two people. In March,
00:45:39.680 it contained two people. One of them is leaving in January because his own voters sent him home.
00:45:47.200 That is not a party turning. That is a man with a deadline.
00:45:53.120 Fact three. The president answered this on Wednesday, the same day, and he did not hedge
00:46:00.100 and he did not leave it to a spokesman. He said, Hegseth is doing a very good job,
00:46:08.320 and he waved off the stories about replacing him.
00:46:12.080 Same day, on the record, in his own voice.
00:46:16.860 And now watch what happens to that ultimatum
00:46:19.260 when you put it next to the thing I gave you 15 minutes ago.
00:46:23.300 He is not holding a statute.
00:46:26.020 He is not holding a court order.
00:46:28.560 He is not holding a constitutional amendment.
00:46:32.400 He is holding a post and a resolution
00:46:35.780 he has to give notice of.
00:46:40.540 And the mechanism he is using, which is the real one, I will give him that,
00:46:45.300 is a question of the privileges of the House.
00:46:50.560 That is a procedural key.
00:46:53.220 It lets one member force the House to schedule a vote.
00:46:58.180 It is the one tool a member with no committee, no majority, and no leadership has left.
00:47:07.760 But forcing a vote is not winning a vote.
00:47:12.160 And the ordinary disposition of a privileged resolution nobody wants to touch is a motion to table it,
00:47:19.140 which is in itself a vote, and which takes about 11 minutes.
00:47:25.540 And then it's over.
00:47:27.240 So count the clocks on him.
00:47:29.440 I am not going to tell you what happens because I do not know that.
00:47:33.720 I am going to tell you what he is standing on.
00:47:37.900 Congress comes back next week.
00:47:39.900 His term ends January.
00:47:42.440 The new Congress is sworn in on January 3rd.
00:47:45.480 And on that date, he is a private citizen in Kentucky.
00:47:50.680 He is on the weakest rung there is.
00:47:54.740 on the wrong side of every clock in the building
00:47:58.960 and he is making a demand of a sitting cabinet secretary
00:48:04.100 whose boss publicly backed him 24 hours ago.
00:48:11.060 And this is the thing.
00:48:13.080 And this is what I have been building towards all hour.
00:48:18.560 So here it is.
00:48:19.980 Once and then I'm done with it.
00:48:21.600 every single person in this hour reached for the same thing the party chair in washington state
00:48:29.240 who had the best night of her life and who woke up and went looking for a judge
00:48:33.400 the justice department out in california which asked for a court for 20 000 ballots and got
00:48:40.200 told to go indict somebody instead the advocacy group in florida that taped a sign to its own
00:48:47.100 window because a statute was about to reach the people who write its checks.
00:48:54.200 The company that got a bill for $29.5 million because somebody put a quota in an email.
00:49:02.280 And now, a congressman with 60 days left on his badge filing articles of impeachment against
00:49:10.260 a cabinet secretary and telling him he can make it go away by quitting.
00:49:19.700 Nobody in that list is going back to the voters.
00:49:25.080 Every one of them is going to a lawyer, a judge, a filing, or a procedural key.
00:49:32.640 and I want to be careful here because that is not automatically a scandal some of those moves
00:49:42.880 are the system working exactly the way it's supposed to work and the grand jury in Santa
00:49:49.000 Ana is the system working the statute in Florida is the system working a company paying for what
00:49:57.080 it put in writing is the system working. The difference is not the lawyer. The difference
00:50:06.320 is what they are arguing with. Some of these people are arguing with a law and some of them
00:50:16.300 are arguing with an answer that 1,252,000 people already gave. So watch the roll call,
00:50:26.460 not the noise. And a man who cannot hold his own seat does not get to hand out resignation letters.
00:50:36.940 Right? Think about it.
00:50:41.640 Okay. One more story, and this one has no lawyer in it anywhere. I'm sure you're thrilled over
00:50:50.620 that one. And I have been saving it all hour because it is the one thing I read this morning
00:50:57.920 that did not need a filing or a designation or a settlement or a procedural key to get done.
00:51:07.400 Okay, it needed somebody to ask.
00:51:13.200 James Comey hired five lawyers in three weeks.
00:51:18.780 Not one, five.
00:51:21.720 They filed their appearances one after another through the back half of October,
00:51:27.360 and two on the names on that paper are names you hire when you are not planning to lose.
00:51:33.340 Patrick Fitzgerald who ran the Scooter Libby prosecution Michael Dreeben who argued cases
00:51:42.120 for the government in front of the Supreme Court for 20 years those are the two big ones
00:51:47.960 that is what the title of this hour looks like when a man can afford it so here is where that
00:51:57.300 case actually sits because it is not where most people think it is the paper is in federal is in
00:52:04.500 the federal court in washington united states versus comey it's case number 126 criminal 229
00:52:13.760 and judge trevor mcfadden is the presiding judge and the charging document was filed on october 5th
00:52:22.080 under seal two counts. Now listen to what kind of document it is because this is the whole thing
00:52:29.260 right here. It is not an indictment. It is an information. An indictment is what you get when
00:52:38.960 a grand jury agrees with a prosecutor. Ordinary people in a room who have to vote. An information
00:52:46.480 is the prosecutor's own charging paper. He signs it himself. There's no grand jury in the room at
00:52:52.740 all. Both are legal. They are not the same instrument at all. And the first thing those
00:53:00.140 five lawyers did was file a motion to dismiss it. So here's the calendar. And the calendar
00:53:07.640 is the news. October 5th, the information is filed under seal. October 9th, the defense
00:53:16.380 ask the judge to throw it out and ask for an emergency hearing. October 6th, they file the
00:53:22.220 real motion to dismiss. October 23rd, the government answers it. October 27th, the defense
00:53:30.720 replies. October 30th, the last thing anybody put on that docket. And then nothing. It is fully
00:53:42.760 briefed. Both sides have said everything they are going to say. There is no hearing date on a public
00:53:50.220 docket at all. It is sitting on one judge's desk in Washington, and it has been sitting there for
00:53:58.360 a week. That is what pending means. It does not mean somebody is about to be dragged out of a
00:54:05.680 building. It means a man is paying five lawyers by the hour to wait. And that is the only, that is
00:54:15.480 only the Washington case, just so you know. That's just that one. There is a second one,
00:54:22.240 Eastern District of North Carolina. It was filed back in April. A different judge,
00:54:27.780 Louise Flanagan, same defendant, same man. October 9th, his lawyer files a motion in that case and
00:54:36.400 he asked the judge to seal it. October 13th, she seals it. So I cannot tell you what it says and
00:54:43.120 neither can anybody else. But here's the part that is public. October 16th, the government
00:54:49.640 went to that judge and asked for more time to answer it. And the new deadline they asked for
00:54:56.020 is today today november 5th while we are sitting here in our chairs when the judge sealed that
00:55:06.880 request too and then signed another order the same afternoon so whether she gave them the extra time
00:55:15.080 it's not public either so we've got this whole thing sealed off the paper is sealed but the
00:55:23.360 deadline is not that is the only date on anybody's calendar in this whole block and it is this one
00:55:32.380 so now Ilhan Omar because she is the one everybody asked me about this morning
00:55:41.740 we were watching all the celebrations everybody's going what is going on are you kidding me right
00:55:47.560 now Ilhan Omar has not been charged with anything and I want to say that plainly and I want to say
00:55:55.680 the other half just as plainly there is a federal paper with her name on it and it is public
00:56:02.840 but it is not a case against her I mean if you go look at what is actually on the docket you can see
00:56:11.540 there is a sealed search warrant matter filed in federal court in Washington about the search of
00:56:18.800 her residence. And there is a separate application from the New York Times asking a judge to unseal
00:56:25.720 the material in the investigation. Read that again. The newspaper is in court. She is not.
00:56:37.480 and on Tuesday she was re-elected with 76 and a half percent of the vote so the honest answer
00:56:47.580 to what happens to that one now is nothing has happened to it yet and the only thing moving is
00:56:53.920 a fight over whether the rest of us get to see the paperwork
00:56:57.080 one rule for this whole block and it applies to every name in it again this is what I need to
00:57:07.040 make clear to everybody because I would be doing you a huge disservice if I did not.
00:57:12.620 Charged is not convicted.
00:57:15.500 Investigated is not charged.
00:57:18.000 I am not going to tell you a man is going to prison because I would like him to be.
00:57:22.380 And I'm not going to tell you he is walking because his lawyer is good.
00:57:26.520 I am going to tell you what is on the docket.
00:57:29.720 And the docket is the thin right now on purpose because that is what October looked like.
00:57:37.040 which brings me to the name I have been careful with all week on purpose.
00:57:46.140 Federal agents went into Ilhan Omar's home.
00:57:49.580 They took her phone.
00:57:51.680 The Justice Department actually confirmed that there is a warrant
00:57:54.840 and that the warrant is sealed, which means you do not get to read it.
00:57:59.700 I do not get to read it, and neither does she.
00:58:04.140 So here's the part that you need to hold on to.
00:58:07.640 She has not been charged with anything, not a count, not an information, not an indictment, nothing.
00:58:15.580 I mean, I could sit here, I could build you a whole case out of a sealed envelope.
00:58:21.540 Half of the shows in this country are going to do exactly that today.
00:58:24.700 I'm not going to do it.
00:58:25.880 And the reason is the rule that I gave you 30 seconds ago.
00:58:28.940 A rule that you only keep when it's convenient is not a rule, it's a mood.
00:58:35.760 searched is not charged
00:58:39.220 the day that there is a charge
00:58:41.600 I will read you the count number
00:58:43.340 off the docket myself
00:58:44.760 with a big fat smile on my face
00:58:47.240 and there is one case
00:58:50.300 in this particular pile
00:58:52.300 that is not waiting on anybody
00:58:54.400 because it is in a courtroom
00:58:56.260 while I'm talking to you
00:58:57.580 34 felony convictions
00:59:01.160 get 30 minutes today
00:59:03.620 15 aside five judges the appellate division first department in manhattan
00:59:15.200 one court above the judge who ran the trial on one side the president's lawyers on the other side
00:59:24.680 the manhattan district attorney's office and each one of them gets a quarter of an hour to answer
00:59:31.680 questions. The appeal runs on three arguments and they have been the same three arguments since
00:59:39.280 2024. That a payment like this one belongs under federal election law and a state prosecutor never
00:59:48.780 had the case. That presidential immunity was violated by what the jury was allowed to hear
00:59:55.740 and that the prosecution never showed an intent to defraud.
01:00:01.140 His lawyer's brief opens on the line he has said himself a hundred times.
01:00:07.380 It should never have been brought.
01:00:10.680 Both sides have already said out loud that today is not the end of it.
01:00:16.300 This one is going up to New York's high court
01:00:20.020 and after that, possibly the Supreme Court of the United States.
01:00:24.380 30 minutes today
01:00:27.660 years after that
01:00:30.300 and then there is the one that is finished
01:00:35.220 a jury in London came back today
01:00:40.780 Russell Brand convicted
01:00:43.560 one count of rape
01:00:46.600 three counts of sexual assault
01:00:49.060 four women
01:00:50.280 four women you will never see and never hear because the law over there gives them 1.00
01:00:58.760 anonymity for the rest of their lives they walked into that building anyway they told 12 strangers
01:01:06.520 what happened to them and 12 strangers believed them he had everything the accent the stadiums
01:01:16.460 The millions of followers, the whole second act where he reinvented himself
01:01:21.680 and lectured the rest of us about who was corrupt.
01:01:26.040 The Crown Prosecutor said it today, and these are his words, and they're not mine.
01:01:34.540 Predatory. Used his celebrity status to commit sexual crimes.
01:01:40.440 A manipulator, he said, with an insatiable desire to get what he wanted,
01:01:45.180 whether consent was given or not. He is sentenced Monday. Every other name in this block is waiting
01:01:55.700 on a hearing date. He got his. So, what do you actually watch? Not a headline, a hearing date.
01:02:09.900 The day a judge puts one of these on a calendar is the day something is about to happen, and that day will show up on the docket before it shows up anywhere else.
01:02:24.460 Everybody on that list lawyered up. Not one of them is finished.
01:02:31.180 They are waiting the same way we are, and the difference is they are paying for it.
01:02:39.900 I want to end with a number, and it is not a vote total.
01:02:50.360 1,711.
01:02:53.720 Days.
01:02:55.820 That is how long a man named Dimitro went without seeing his wife.
01:03:02.820 And here's the detail that got me, because it's really the reason why I'm ending the show with this instead of with a filing.
01:03:09.900 He knew the number.
01:03:11.660 He had been counting every day for four and a half years.
01:03:15.880 One at a time, he kept the count.
01:03:18.420 He is a Ukrainian soldier.
01:03:21.040 And that is the thing that put her in danger because when Russia took their hometown,
01:03:26.840 being married to a man in that uniform made her a target.
01:03:31.460 Her name is Larissa.
01:03:33.760 She spent those years inside of Olshiki.
01:03:37.220 it is a city it's right on the front line it has been occupied this whole time and before the war
01:03:44.900 24 000 people lived there by this autumn there were about 1700 left in it mostly elderly
01:03:55.000 people who could not get out or who would not leave on saturday he got her back the two of
01:04:04.260 them standing there wrapped in Ukrainian flags. Now, the reason the shooting stopped long enough
01:04:11.820 for that to happen is Melania Trump. Not a summit, not a framework, not a track, not a working group 0.95
01:04:25.160 with a name and a logo the first lady opened her own channel to moscow and to kiev and both of those
01:04:35.780 governments agreed to hold fire in and around that one city from october 27th to november 1st
01:04:44.560 first five days one city and in those five days she says nearly 800 people walked out
01:04:56.080 on Monday the president of Ukraine signed a decree awarding her the order of princess
01:05:04.960 Ola, first class. That is the highest honor that country gives a woman. It has a number on it and
01:05:14.420 it has a date on it. Decree 1079. And at 11 o'clock this morning, while most of the country was still
01:05:23.760 arguing about Tuesday, she sat Russian representatives and Ukrainian representatives
01:05:30.420 down in the same room at the White House.
01:05:36.400 And I want to be careful about how I say the next part
01:05:39.140 because I'm not going to oversell this
01:05:41.780 and I'm not going to promise you anything.
01:05:44.540 You've had enough of that this week
01:05:46.660 from people who are not me.
01:05:50.480 That is not peace.
01:05:52.440 I mean, nobody said it was peace.
01:05:55.800 but it is 1700 people who had a quiet week it is nearly 800 of them who got out it is 34
01:06:10.820 children who have been handed back to their own families across six rounds of this since last
01:06:19.440 October. And none of it came off of a negotiating track. There was no treaty. There was no leverage.
01:06:29.500 There was no lawyer. It started with a letter she wrote to Vladimir Putin.
01:06:38.020 Everybody with a title has spent four years explaining to us why a pause like that is
01:06:45.460 impossible. She asked anyway. So listen, if you are sitting there today, and you are sick about
01:06:57.120 Tuesday, and I'm not going to talk you out of it. I do not think that that is my job. And I do not
01:07:04.200 think you would let me do it anyway. But I have spent this whole hour showing you grown adults
01:07:11.720 with every instrument in the country available to them judges grand juries statutes settlements
01:07:20.940 procedural keys eight articles of impeachment 29 and a half million dollars and the single 0.71
01:07:31.120 largest thing that anybody actually accomplished in the last week got done by a woman who sat down 0.58
01:07:38.080 and wrote a letter and asked.
01:07:43.980 1711 days.
01:07:47.680 He was counting.
01:07:50.140 Somebody finally gave him a reason to stop.
01:07:57.360 So that's the show.
01:07:59.600 I am so glad you were all here to spend it with me.
01:08:03.120 I know it's been a rough couple of days.
01:08:05.620 It has been for everybody.
01:08:07.400 You are not alone, but just know that everybody is feeling the same way as you are.
01:08:14.800 You've got people that love you, myself included.
01:08:17.820 You all are wonderful.
01:08:19.220 You are doing a great job.
01:08:21.340 Don't let any of this tear you apart ever.
01:08:24.740 There's always good in the world, and you make it that way.
01:08:28.780 So you all be safe.
01:08:30.800 Be kind to one another, and we will see you tomorrow at 3 o'clock p.m. Eastern Time.
01:08:36.240 Bye.
01:08:37.400 We'll be right back.
01:09:07.400 We'll be right back.
01:09:37.400 of Canadian Communities, supported by Lockheed Martin Canada.
01:09:41.120 It's a network of over 1,300 employees and over 1,000 local suppliers,
01:09:45.580 from small family businesses to major tech firms.
01:09:49.000 Together, we've delivered a $3.6 billion boost to the Canadian economy
01:09:52.980 over the past five years.
01:09:54.780 That's money that goes to securing our skies, our oceans,
01:09:58.020 and the place we call home.
01:10:00.120 Learn more at LockheedMartin.com slash Canada.
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