The election is over, and now we have to deal with the inevitable end of democracy. Also, Elon Musk has a tortuous claim to a torturous word, and Harmeet Desai wants to know if you can sue for free speech.
00:01:19.120Well, enjoy it while you can, because as soon as the election is over, our democracy is
00:01:27.640finished. And that should happen. Let's see. The election will be over by tonight. Tonight,
00:01:34.020right? Because it's election. No, not tonight. Some of the votes will be counted maybe tomorrow
00:01:38.860morning. Not tomorrow morning, but maybe sometime the next day we'll have all of the votes. No,
00:01:44.600well, not really done by tomorrow, exactly. By tomorrow, I mean maybe November 14th or so.
00:01:52.660Yeah. Roughly the 14th. We might have something like the end of democracy. I don't know if I
00:01:58.820can wait that long for the end of democracy. Can you? I mean, I've been waiting for this
00:02:04.240end of democracy for so long. I don't know if I can wait another week, but I guess we will.
00:02:12.060Well, let's talk about all the fun things. The simulation is trying to send us a message,
00:02:18.780but you have to know how to read it. When the owners or the creators of the simulation want
00:02:24.460to send a message, it's usually, you know, it's not real obvious until you notice it and then it's
00:02:32.780kind of obvious. So I'll tell you the message that they're sending us. It's just a little wink,
00:02:37.240I'd call it. I tweeted this, that Biden opposes the fossil fuels industry and drilling. So he's
00:02:48.180against the fossil fuel industry and drilling. But interestingly, the fossil fuel industry,
00:02:54.460opposes fossil fuels and drilling. So you can have either fossil fuels and drilling, or you can
00:03:04.700have a fossil fuel and drilling. You can have either one. I feel like that's just the simulation
00:03:12.780saying, uh, uh, none of this is real. You know none of this is real. Watch this. Uh, uh, uh, all right.
00:03:24.020Um, so as you know, uh, advertisers were leaving, uh, Twitter because they're mad that it might become,
00:03:32.700uh, balanced again, or for the first time. And someone asked Musk on Twitter if he has a tortuous
00:03:41.420claim to a tortious, how would you pronounce it? Tortious, right? T-O-R-T based on tort law.
00:03:54.540Tortious, right? Or tortoise. It's one of those. It's one of those words that you can read and never
00:04:03.460have to speak. If I could advise you, never try to pronounce that word in public. Because nobody's
00:04:12.180going to know what you're talking about. And you're just going to look foolish if you get it wrong. So
00:04:16.180don't do what I did. So it's a tortious claim. And, uh, Musk actually said yes.
00:04:22.820Yes. So I don't know what a torturous, tortious claim is. And it's something about a tortoise.
00:04:31.700But apparently it's a big deal and maybe it, it applies. But I don't really understand it. Somebody's
00:04:37.300going to have to explain to me. Why can't advertisers do whatever the hell they want?
00:04:44.740How could you have a claim? Now it's not a claim against the advertisers, right? It would be a claim
00:04:49.140against some entities that were pushing the advertisers. Contract interference. Is that it?
00:04:56.660Can I get a confirmation on that? Is it contract interference? I feel like you can interfere
00:05:03.380with anything you want if it's free speech. Can't you interfere with any contract you want
00:05:10.580as long as all you're doing is free speech? You can't. Interesting. Or are you saying no to something
00:05:17.540else? Tortious just means you can sue? All right. Yeah. So I feel, I feel like we all have to listen to
00:05:30.580Harmeet, uh, Dylan, find out what's going on. Uh, how many of you are following Harmeet?
00:05:38.100Um, that was on my news to, or on my list to recommend to you. So if you, if you want to follow any of the,
00:05:46.180the legal stuff, so one of the accounts you need to follow is, uh, Harmeet, Dylan. Uh, torts means
00:05:55.140civil wrongs, yeah. Torish us. Torish us is how you say it, I'm told. All right. So the terms of service
00:06:02.820is a contract, sure. But I feel like it should never be illegal to talk about things if you think
00:06:10.660you're saying things that are real, right? As long as you believe what you're saying is real and
00:06:16.980important, how in the world could that be illegal or even tortious if it's true? If it's true that
00:06:25.780you believe it, I mean, you don't only have to believe it. It doesn't have to actually be true,
00:06:29.220right? Your free speech is protected as long as you think you're saying the truth. I think,
00:06:35.300right? I mean, short of crying fire in a theater, I guess. I don't know. Um, I guess we'll find out
00:06:44.020more about that. In my opinion, the Republic is stronger than it has ever been. You know,
00:06:52.900we always have this weird amnesia about history. You know that in the days of Abraham Lincoln,
00:07:00.660the Republic was like barely functioning, just barely functioning. And there have been plenty
00:07:06.980of times in our history when we barely, you know, were surviving in terms of the system.
00:07:14.100But at the moment, uh, at the moment, I think it's as strong as it's ever been. Here's my argument.
00:07:21.060Uh, interest in voting is at an all-time high. Would you agree? Would you agree that the interest
00:07:29.700in voting and, and participating in the process is the highest it's ever been? Isn't it? Well,
00:07:36.980I think it is. You know, it seems like it. Um, I would say that fake news is actually on the ropes.
00:07:44.420It doesn't seem like it yet, but it definitely is. And there are two gigantic things that are
00:07:51.540happening. One is that, um, CNN is just fact checking the piss out of Biden. They're just fact
00:07:58.260checking him right to, right to his socks. They're, they're not holding back at all now. Right? And
00:08:05.060that's, that's, that's new. It's totally new. It's welcome. And it's correct. And it strengthens
00:08:11.540the Republic. That's a big, big, big deal because the left can't hide from CNN. The left can completely
00:08:19.060hide from Fox news. They can't hide from CNN. That's a really big deal. Uh, the other big deal is Twitter
00:08:27.860itself. Now, in my opinion, it's too early to say, but it certainly looks like Twitter is evolving into
00:08:35.380a context giver, as opposed to our propaganda engine. Do you think that characterization is
00:08:42.980fair? That at least that it seems to be the stated intention. And I see movement in that direction
00:08:49.300to make Twitter a context provider, as opposed to telling you what to think and, you know, hiding
00:08:55.220views and all that stuff. How big of a deal is that? Imagine if every fake news that, you know,
00:09:02.420was important had a little note on it that gave you the context, you know, just the other side,
00:09:09.060whatever's the argument on the other side, or just context. That really does change everything.
00:09:14.900Imagine if you couldn't lie with impunity on Twitter anymore. I mean, you can still lie. It's just that
00:09:20.900somebody would add a fact jacket. It would just hang there forever.
00:09:27.300These are improvements in the system. They're enormous, enormous improvements. How about this?
00:09:36.660Trump hysteria is way down. Would you agree? So after the January 6th, things sort of fizzled,
00:09:44.260you know, that they were trying to, like, ball up as much of the remnants of the Trump, you know,
00:09:51.940derangement as they could, try to package it up and make one more good push with the January 6th thing,
00:09:58.180and it didn't work. It didn't move anybody. Remember my prediction that the longer Trump was out of office,
00:10:06.580the better he would look. Best prediction ever? Will you all give me that?
00:10:14.260Even if you don't like Trump. Even if you're not a Trump supporter, you'd have to give me that prediction.
00:10:19.460That he does look better to the public. You know, maybe not you personally. But the public
00:10:24.500absolutely has a better opinion of him. What does the black and Hispanic support for Republicans look like?
00:10:34.740Really good. Yeah, it turns out that black and Hispanic support for Republicans in the midterm
00:10:39.940might be the highest it's ever been. Highest it's ever been. All right. So how good is that? It's like amazing.
00:10:50.820How about the fact that both the Democrats and the Republicans are bitching about elections being rigged?
00:10:58.100Is that bad or good for the Republic? Go. Bad or good for the Republic? Then both sides, both sides say,
00:11:05.540whoa, these elections might be rigged. You better watch them really carefully. So good. So, so good.
00:11:13.700There's nothing that made me happier than waking up and seeing that everybody's talking about election reform.
00:11:18.100Right? How long have I waited for that? Today's the best day ever. It's the one day the entire
00:11:25.380fucking country can agree our elections are not where we deserve them to be. I don't use deserve often
00:11:32.980because I don't like that word. But I feel like we deserve better, better transparency and better
00:11:42.100certainty. Now, my opinion is I have no idea how good or bad elections are or have been in the past.
00:11:50.900But I can tell you how I'm going to react to the outcome. I will accept it when it is called.
00:11:59.780And I don't care how sketchy it looks. I'm going to accept the outcome as it's called.
00:12:06.260Now, I suppose there could be some extreme and, you know, thing that would change my mind. But if it
00:12:11.140looks like a normal election, even if people are bitching about this, you know, this precinct or
00:12:17.460those missing ballots or those extra things or whatever, I'm going to accept it. Because here's what I've
00:12:23.700accepted as my truth. Neither the Republicans nor the Democrats want the system fixed in any serious way.
00:12:32.420That's my opinion. So if neither team wants it fixed, then the, the, the potential rigging or
00:12:40.740gaming of the system, even in legal means, is now part of our process. You know, we have essentially
00:12:47.940de facto all agreed that as long as the cheating is below some line of obviousness, as long as both,
00:12:57.060both sides have all the rules. They know what to do. They know where to cheat. They know how to get
00:13:01.860caught. They're basically all playing the same game. If they're all playing the same game, then I hate
00:13:08.660to say it, but you know how we judge a potential leader by how well they campaign? And yet the campaign
00:13:17.300is not really a perfect proxy for how you would govern. Campaigning is sort of a different skill.
00:13:22.740But we do that anyway, right? We make some judgments about the campaign. I, I believe that the, uh, the
00:13:31.300quality of the two parties is being expressed partly in how they game the system. Would you want to support
00:13:38.500a party that couldn't game the system if the other side is? Do you want your side to be the one who's not
00:13:44.980trying to game the system? Probably not, right? You might, you might have some like moral ethical
00:13:53.540line, but if you know the other side is, if you know the other side is going to take advantage of
00:13:58.900every opening that they could take advantage of, you kind of want your team to do it too, right?
00:14:04.100That's not irrational. So we are going into an election in which both sides are going to try to
00:14:10.100game it every way they can. Some elements of both sides will cheat. Would you agree? Would you,
00:14:17.860will you agree with me that both Republicans and Democrats at some level somewhere will be cheating?
00:14:26.020There's nobody here who thinks it's only going to be Democrats cheating, right? Like everywhere,
00:14:31.540every state, every precinct, it's only, it's only going to be the Democrats cheating. No,
00:14:36.100you don't live in that country. Really? Really? You believe that? No, you don't. You don't believe
00:14:42.660that. I'm not even sure the mostly part sticks, or at least I didn't believe it until today.
00:14:51.380Do you want to have your mind just blown? Some of you already heard this news. It's more of a Twitter
00:14:57.540thing. I'm going to tell you something that will sound like I don't know what I'm talking about,
00:15:06.580partly because it's true, because I don't know enough about this topic yet, but also because
00:15:13.380the topic is so unbelievable that I look right at it and I think, I don't know what I'm even seeing
00:15:20.900or hearing. I don't even think that's possible. But it comes from good sources. For example,
00:15:27.940Harmeet is actually the one of the sources, and I wasn't sure I believed it until I saw it from her
00:15:36.660account. But did you know, and I hope I have this right, that there was a consent decree back in the
00:15:43.14080s that banned the GOP from actively participating in elections, like the management or the effort of the
00:15:54.980election? Did you know that? And the only reason that that got reversed, which was in the past year,
00:16:03.860I guess, is that the judge who was keeping that live died. If the judge had not died,
00:16:11.540it would still be the case. And so, apparently, the Republicans taking advantage of this change,
00:16:18.340as Harmeet says. This election cycle has, GOP has recruited and trained over 80,000 poll watchers,
00:16:27.940poll workers. She's a comma, poll worker, so I'm not sure what that sentence means. But
00:16:34.020I think the 80,000 means they're poll workers, I guess. We've engaged over one million volunteers,
00:16:42.900conducted 5,200 leadership trainings to prepare for election day operations, filed nearly 80 lawsuits, retained
00:16:49.780dozens of litigators, trained hundreds more, etc. And here's the part that this will just make your mind
00:16:58.500explode. Like, I don't even know how to hold this in my head. This is just so mind-bending that we're
00:17:05.860finding this out today. She says, this effort started last year, once a long-running consent decree
00:17:12.900dating back to early 80s, barring the GOP from engaging in election day efforts. Expired. Judge literally
00:17:22.900expired. You know, he died. Next judge refused Dem effort to extend it. And then her firm is working
00:17:30.580in multi-states on this. Is your head exploding? Like, I feel like I need a fact check on this,
00:17:39.140even though Harmeet is highly, highly credible. Right? Like, I'm sure she's right, and I still can't
00:17:46.180believe it. Right? This is one of those weird things where you can believe it and not believe
00:17:52.180it at the same time. Like, I believe it. I believe it because the source is good. But I don't believe
00:17:59.220it. Right? Are you having the same reaction? It's just not believable. But I think it's true.
00:18:06.660It's the damnedest thing. It's really playing with my mind. But I don't know. I guess we'll find out
00:18:15.140more about that. Here's why our system is stronger than ever. Another reason. There are more election
00:18:25.780deniers than ever. That's just the best thing. I think I said that before. And you're seeing more
00:18:35.940black, as I said, more black and Hispanic support for the GOP, I think is a sign of strength of the
00:18:42.020system. What would be a weaker system than 98% of black people voting for the same party every
00:18:49.140election? Could you imagine a stronger signal of a broken world? And that's just broken. But if you
00:18:59.060get to, you know, I think we're only talking about 17%, but that's double what it was. So movement in the
00:19:05.460right direction. Movement in the right direction. That's all good. All right. So that's the good
00:19:12.500news. I think this system is strong. And I love today. Today is really a celebration of America.
00:19:19.540With all of our bitching and complaining and all of our conspiracy theories, this is who we are.
00:19:27.620Am I right? This is who we are. We complain about ourselves, meaning America. We will complain bitterly.
00:19:35.140We'll fight like cats and dogs. But today, we all support the same system. We all support the same
00:19:42.980system today. It's amazing. It's a cool day. All right. No matter how it goes. And I don't know how it's
00:19:50.100going to go, frankly. All right. What do these things have in common? Fentanyl, TikTok, teachers' unions,
00:19:57.940and abortions. What do they all have in common? Fentanyl, TikTok, teachers' unions, and abortions.
00:20:05.060Two things they have in common. Number one, they are things which Democrats aren't doing anything
00:20:14.180about or favor. And they're deadly for children and fetuses, if you want to make the distinction
00:20:23.140between a child and a fetus. Not all of you do. And I respect that decision. But it's starting to be
00:20:34.020kind of obvious that the Democrats are anti-child. Am I wrong? Like, it seems to be everywhere.
00:20:44.900It's everywhere. Like, shut down the schools. Oh, that's good for the adults. Not really, but
00:20:52.180yeah. Everything seems to have the same quality to it. Now, I would like to slam the Republicans as hard
00:21:01.940as I possibly could for also being worthless on TikTok and Fentanyl. And what some people said is,
00:21:09.460but Scott, Trump signed two executive orders trying to ban TikTok. So that's a real thing, right?
00:21:20.260No. No, that's not a real thing. Now, the courts became a big core battle, and the courts overturned it,
00:21:28.020right? Let me ask you this. Do I not understand what the commander-in-chief job is? Am I confused what
00:21:37.300a commander-in-chief is supposed to do? Am I missing the whole concept? TikTok is not a potential threat.
00:21:45.860It's a current active military threat against the children of America. It's an ongoing war.
00:21:57.380They're being brain damaged and degraded by China right now, while we sit here. Now, if you tell me,
00:22:04.980can I give you a little warning? There's a real good chance some cursing might come out in the next few
00:22:14.260moments. If you don't want to hear anything, let's say not an appropriate word for social media,
00:22:21.140you might want to check out now. This would be a good time, okay? Because I've never been a commander-in-chief.
00:22:31.540Well, let me tell you how I would play it, and this is apparently not how Trump played it,
00:22:38.260and it would go like this. I'm signing an executive order to ban TikTok in my role as commander-in-chief.
00:22:47.860And then the court says, wait a minute, you can't do that. And then I say, fuck you. You're not the
00:22:55.060commander-in-chief. And then the court says, but wait, you can't do that. And then I say,
00:23:01.620I'm not sure you heard me the first time. But fuck you to death. You're not the commander-in-chief.
00:23:09.460But just give us one week to see what the courts say. Maybe you didn't hear me the first time.
00:23:17.620Fuck you. There's only one commander-in-chief. It's not you. Do you understand what the commander-in-chief
00:23:27.060does? Do you understand the fucking job? It's to keep you safe. And the only requirement I have
00:23:34.740in the real world, not in the legal world and not in the constitutional world, I'll give you that,
00:23:40.180you know, commander-in-chief is not all-powerful. I'll give you that, right? But there is one case
00:23:46.500where the commander-in-chief is all-powerful. It's when the entire fucking country agrees with him.
00:23:55.140In that case, and in that case alone, fuck the Constitution, fuck the courts, fuck everybody.
00:24:03.700The commander-in-chief is in charge. That's the way you want it. It's the way I want it. It's the
00:24:10.500way Democrats want it. It's the way Republicans want it. It's the only way it works, right? Now,
00:24:16.980if Trump had banned TikTok, and then two months later the court overturned it,
00:24:25.220I would look into that as a little bit of a different situation. But you know what happened?
00:24:29.540The court got the first vote. The court overruled the commander-in-chief on a military fucking issue.
00:24:40.260On a fucking military issue. Now, am I giving Trump a pass because it seems like he did the right thing?
00:24:50.260No. Failing, failing, failing. Fucking failing grade. That is no commander-in-chiefing.
00:24:56.660The commander-in-chief leads. The commander-in-chief leads. You don't wait for the fucking court.
00:25:07.620If the commander-in-chief, you know, does something crazy that the American public is not behind,
00:25:13.060well, that's at their own risk, right? That's at their own risk.
00:25:17.060But if the commander-in-chief does what the public, Democrats and Republicans, I'm pretty sure, by a huge majority are going to agree with,
00:25:28.100the fucking court better stay out of it. And if you allow the court to overrule your commander-in-chief,
00:25:36.900when you and everyone else agrees with the commander-in-chief, there's something wrong.
00:25:43.300So, let me say as clearly as I can, I don't support any candidates that are running for office in the midterms.
00:25:51.120I also don't support any potential presidential campaign that, you know, seems likely to run.
00:25:59.960Do you know who I don't respect whatsoever for their fentanyl opinion?
00:35:51.180Now, at the same time, I would make alternatives legal.
00:35:55.040If you listen to somebody who's actually an addict, they will tell you that they would immediately leave fentanyl if they had something that was, like, similar and safer and all that.