The media suggests that President Trump is cruelly tearing children out of the arms of their illegal immigrant parents, Harvard goes racist, and some leftist columnists celebrate Father s Day by saying fathers are unnecessary. Ben Shapiro explains why this is just not the case. He also explains why Donald Trump does not hate children, and why they should not be taken away from their parents if they cross the border with them. Plus, he explains why the Ninth Circuit Court of Appeals ruled that their parents are not allowed to leave them with their children when they are apprehended crossing the U.S. border with illegal immigrants. Ben also explains how this is actually a good thing, and how the Supreme Court should have been much more generous with its ruling in the case of this matter. And, of course, there's a bonus segment at the end of the show where he answers your burning questions. Subscribe to The Daily Wire to get immediate access to all the latest breaking news and discuss the latest in politics, economics, entertainment, sports, and social media. Use the promo code "GPODCAST" to receive 20% off your first month with discount code "WEBINAR" when you sign up! at checkout! Subscribe today using our promo code: CRITICIALES at checkout to receive $20 OFF your first purchase. You'll get 10% off the entire month, plus free shipping on all future orders! and third-party shipping, plus an additional $5 off your purchase when you become a member of the Daily Wire VIP membership when you shop using our VIP membership! Use discount code: CHECKOUTREALERUPPRISE. CHECK OUT OUR VIPREVIEW AND PATREON USING OUR PODCAST to get 20% OFF THE FASTEST PRICING AND VIP REVIEW AND BUY 5 STAR DOWN TO BUY VIPREPCORDS! Learn more about our VIPREAL ESTIMATE? Subscribe To Our VIPRELL HERE Use coupon "The Conversation and get 5% OFF YOUR FIRST MONTH GET A MONTH OFF THE FIRST WEEK FREE to BUY TALKING ABOUT VIPREQUESTION AND SUPPORT OUR PICK UP THE DEAL HERE! FREE PRICYER? FREE TRAINING AND PRACTICING TO CHECK IN TO SUBSCRIBE TO CHALLENGE AND SUPPORT US ON OUR FACEBOOK GROUP AND MORE!
00:00:00.000The media suggests that President Trump is cruelly tearing children out of the arms of their illegal immigrant parents, Harvard goes racist, and some leftist columnists celebrate Father's Day by saying fathers are unnecessary.
00:00:16.000All right, so we have tons to get to today.
00:00:18.000I mean, like, there is a lot happening, and we are going to get to all of it in just one second.
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00:02:03.000Alrighty, so, the big news of the day is that apparently Donald Trump hates children.
00:02:08.000Now, if you're on the left, this comes as no surprise because you always thought that Donald Trump hated children, right?
00:02:12.000I mean, that's not a giant shock, but the reality is that Donald Trump supposedly is a guy who wants to remove children from the arms of their parents as those parents cross the border illegally.
00:02:22.000So, you're coming across the border to make a new life for yourself, and you've brought your child, and you're picked up by ICE, and they cruelly take those children, and they rip them away from you.
00:02:32.000They take the children, and they just, they rip them away from you.
00:02:34.000OK, there is only one problem with all of this.
00:02:37.000OK, there's only one problem with all of this.
00:02:40.000OK, the reason I say this is just not the case, I'm going to go through the actual applicable law here so that you know what it is that is going on.
00:02:46.000OK, the reality is that the law requires that if you cross the border illegally and we arrest you for it, that your children cannot stay in custody with you.
00:02:57.000Okay, the way that it is, according to the law, okay, and that is a 2008 ruling from the Ninth Circuit Court of Appeals.
00:03:04.000According to the law, you are not allowed to take the children and leave them with their parents in custody.
00:03:10.000Okay, so the Ninth Circuit Court ruled that non-detention of minors applies to accompanied illegal immigrants.
00:03:15.000The reason this happened is there was an agreement, it's called the Flores Agreement, back from the 1990s, in which the federal government was sued, and they came to a federal settlement, and the federal settlement said that when
00:03:23.000Unaccompanied illegal children come across the border.
00:03:26.000They have to be released, remanded into the custody of some sort of parental figure or guardian in the United States.
00:03:31.000And then the Ninth Circuit Court of Appeals in 2016 ruled that those children actually had to be released whether or not they came with a parent.
00:03:38.000So you come across with mommy and daddy.
00:03:40.000We still cannot keep you in custody for a long period of time.
00:03:45.000Now, the problem with this is this has created a spate of headlines that Donald Trump, because he is more strictly enforcing border laws, that because he is doing that, this means that he is somehow separating the children from their parents.
00:03:56.000Again, it is by operation of law that the kids are removed from their parents.
00:03:59.000It is not Donald Trump decided, I want to remove children from their parents and therefore I'm cruel and nasty and that's what I want to do.
00:04:46.000In no circumstance anywhere in the United States do the Marshals care for the children of people they take into custody.
00:04:51.000The child is taken into the custody of HHS, that's Health and Human Services, who cares for them at temporary shelters.
00:04:56.000The criminal proceedings are exceptionally short, assuming there is no aggravating factor, such as a prior illegal entity or another crime.
00:05:02.000The migrants generally plead guilty, and they are then sentenced to time served, typically all on the same day, although practices vary along the border.
00:05:07.000After this, they are returned to the custody of ICE for deportation.
00:05:10.000If the adult then wants to go home, in keeping with the expedited order of removal that is issued as a matter of course, it's relatively simple.
00:05:16.000The adult is reunited quickly with his or her child, and the family returned home as a unit.
00:05:20.000In this scenario, there is only a brief separation.
00:05:22.000When it does become more of an issue is when parents start claiming asylum.
00:05:26.000If you claim asylum, adults are going to be detained longer.
00:05:28.000And the law is that you are not allowed to hold children for longer than 20 days in custody.
00:05:35.000A ruling by the Ninth Circuit extended the 20-day limit to children who come as part of family units.
00:05:39.000So even if you would like to hold a family unit together, even if you want the kid to stay with mommy and daddy, you cannot by operation of law.
00:05:45.000You are forbidden from doing so because the Ninth Circuit Court of Appeals wanted to make it less appealing for the government to keep families in custody.
00:05:52.000All of these families released into the general population in the United States.
00:05:57.000Rich Lowry writes, The clock ticking on the time the government can hold a child will almost always run out before an asylum claim is settled.
00:06:03.000That migrants is allowed 10 days to seek an attorney, there may be continuances or other complications.
00:06:07.000This creates the choice of either releasing the adults and the children together into the country, pending the adjudication of the asylum claim, or holding the adults and releasing the children.
00:06:16.000If the adult is held, HHS places the kid with a responsible party in the US, ideally a relative.
00:06:21.000Even if Flores didn't exist, the government would be very constrained in how many family units it can accommodate.
00:06:26.000ICE only has about 3,000 family spaces and shelters.
00:06:30.000It is also limited in its overall space at the border, which is overwhelmed by the ongoing influx.
00:06:48.000You just walk up to, for example, the U.S.-Mexico border, you know, down near San Diego.
00:06:53.000If you just walk up to that border and you say, I need to claim asylum, you will not be arrested.
00:06:57.000You're only arrested if you try to cross between the borders, because then the idea is probably you're lying to get into the country.
00:07:03.000Otherwise, you just walk up to Border Patrol, not along the border, but in specific border stations, which everybody knows where they are, and then you claim asylum, and then you're not arrested at all.
00:07:14.000Every indication is that the migrant flow to the United States is discretionary.
00:07:17.000It nearly dried up at the beginning of the Trump administration when migrants believed they had no chance of getting into the United States.
00:07:23.000Now it's going in earnest again because the message got out that despite the rhetoric, the policy at the border hasn't actually changed.
00:07:27.000Even if a migrant does have credible fear of persecution, writes Lowry, there is a legitimate way to pursue that claim.
00:07:32.000It does not involve entering the United States illegally.
00:07:35.000First, such people should make their asylum claim in the first country where they feel safe, for example, Mexico.
00:07:40.000Second, if for some reason they are threatened everywhere but the United States, they should show up at a port of entry, that's what it's called, the technical term, a port of entry, and they make their claim there, rather than crossing the border illegally.
00:07:50.000There's significant moral cost to not enforcing the border as well, as Rich Lowry points out, if you just start releasing people in general into the middle of the country, lots more people are going to start crossing into the country illegally.
00:08:00.000And it is well worth pointing out that under the Obama administration, and under the Bush administration really, immigration surges were rooted in government policy.
00:08:09.000So July 7, 2014, this is from the New York Times.
00:08:12.000It was one of the final pieces of legislation signed into law by President George W. Bush, a measure that passed without controversy, along with a pension bill and another one calling for national parks to be commemorated on corners.
00:08:22.000This is a piece of legislation we're very proud to sign.
00:08:24.000A White House spokesman, Tony Fratto, told reporters December 28, 2008, Now the legislation, this is the New York Times, right?
00:08:36.000Now the legislation, enacted quietly during the transition to the Obama administration, is at the root of the potentially calamitous flow of unaccompanied minors to the nation's southern border.
00:08:45.000Originally pushed by a bipartisan coalition of lawmakers, as well as by evangelical groups to combat sex trafficking, the bill gave substantial new protections to children entering the country alone, who are not from Mexico or Canada, by prohibiting them from being quickly sent back to their country of origin.
00:09:00.000They have an opportunity to appear in an immigration hearing and consult with an advocate.
00:09:04.000This of course lengthens, it puts strains on the system, lengthens the amount of time that these kids are in the system in the first place.
00:09:10.000So, there are a bunch of lies that are being told right now.
00:09:12.000And we'll go through a lot of the lies that are being told by the media in just a second.
00:09:15.000But some of the lies being told are that Trump is randomly deciding to separate kids at the border.
00:10:20.000So that means that some of the illegal immigrant children are changing the diapers of other illegal immigrant children they don't even know.
00:10:28.000Congress could solve all of this, by the way.
00:10:30.000Congress could solve all of this today.
00:10:32.000All they have to do is pass a law that says that if you come into the country illegally with your parents, your parents and you get to stay together.
00:10:40.000That would be the way that you fix this law.
00:10:42.000And then it's the parent's option whether they want the kids released to the custody of the HHS or released to the custody of a family member already in the United States, but they get to stay with the parents otherwise.
00:10:52.000Congress can do that tomorrow, and Congress should do that today or tomorrow.
00:10:56.000Apparently, I'm hearing from the Speaker's office, from Speaker Ryan's office, that's exactly what Speaker Ryan is going to pursue.
00:11:00.000Plus funding for expanded facilities to ensure that parents can stay together with their kids when they come across the border.
00:11:06.000So all of this is in the process of getting solved.
00:11:09.000I do find it somewhat suspicious that the media have decided to jump both feet on the bandwagon, as though this is some sort of great human rights catastrophe brought on by the Trump administration, when of course all of this started under the Obama administration, or at least it was happening under the Obama administration.
00:11:54.000We're going to get to the media coverage of this in just a second and talk about the administration's response and really what the administration did do wrong in just a second.
00:12:01.000First, I want to say thanks to our sponsors over at Wink.
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00:12:07.000I mean, politics is not the kind of thing that makes you want to be sober.
00:12:10.000But the reality is that if you just want to kick back at night and have yourself a nicer evening, well, that's what Wink is for.
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00:13:29.000The Trump administration, with all this said, that the Trump administration is basically following the law, and if you don't like the law, change the law, the Trump administration did do a couple of things wrong here.
00:13:39.000So the first thing they did wrong is they sent out Stephen Miller and John Kelly to say incredibly dumb things.
00:13:43.000So Stephen Miller, who's sort of the president's immigration guru, I know Stephen, I think Stephen's a nice guy, but Stephen made the big boo-boo of going out in public and saying that we want to use the separation of children from parents as a deterrent to prevent people from crossing the border.
00:13:56.000Hey, you should not be using the suffering of children as a deterrent to keep parents from crossing the border.
00:14:02.000The deterrent to crossing the border is that you get sent back.
00:14:04.000It should not be that you take kids away from their parents.
00:14:06.000This causes psychological harm and psychological damage.
00:14:09.000It shouldn't be a situation, as we've heard from some of these reports, where the parents aren't even told that they're being separated from the kids, that the kids are sort of taken away, and then two hours later, the parents are told, oh yeah, by the way, you're not gonna be able to see your kid again, right?
00:14:19.000That kind of stuff is a problem, and that kind of stuff is frightening, and should not be happening in the United States.
00:14:24.000To say that you're using that as a deterrent effect, that's a serious problem, and that should not be done.
00:14:29.000Jeff Sessions also came out, and he quoted the Bible.
00:14:32.000He said, listen, the Bible says that you should abide by the law.
00:14:34.000If you violate the law, you subject yourself to prosecution.
00:14:39.000I would cite you to the Apostle Paul and his clear and wise command in Romans 13 to obey the laws of the government.
00:14:49.000Because God has ordained the government for his purposes.
00:14:53.000Okay, so again, I know Senator Sessions or Attorney General Sessions, and I think on some of his immigration policy he's been exactly right.
00:15:01.000You probably shouldn't be grinning so broadly when you talk about separating families from their children.
00:15:12.000Just say, abide by the laws of this country.
00:15:14.000I mean, this is a very serious topic, obviously.
00:15:16.000Well, the Homeland Security Secretary, Secretary Bridget Nielsen, or sorry, Kirstjen Nielsen, she has come forward, and she says that the reporters and by members of Congress, the reporting is not true on this, and she's correct.
00:15:29.000She says, this misreporting by members, press, and advocacy groups must stop.
00:15:33.000As I've said many times before, if you are seeking asylum from your family, there's no reason to break the law and illegally cross between ports of entry.
00:15:41.000And right now, the policy is if you cross between ports of entry, we will arrest you and we'll prosecute you.
00:15:45.000But if you show up at one of the border ports of entry, then you'll be treated as an asylum seeker and you won't be separated from your kids.
00:15:58.000And she says, for those seeking asylum at ports of entry, we have continued the policy from previous administrations and will only separate if the child is in danger.
00:16:04.000There is no custodial relationship between family members or if the adult has broken a law.
00:16:24.000And in just a second, I'm going to show you how the media are lying about all of this and turning it into a major issue when, in fact, this is an easily solvable issue if we could just get past all the politics.
00:16:47.000The operation of law, the operation of law, it's not up to Trump.
00:16:51.000The operation of law says that if you arrest a parent illegally crossing the border, the kid cannot be held in custody for longer than 20 days.
00:17:00.000Trump cannot violate that law unless he just decides to release illegal immigrant parents who are crossing between border ports of entry illegally.
00:17:06.000Yeah, all the lies that are being told today are really astonishing, and Chuck Todd forwards that game here.
00:17:10.000And this is going to sound harsh, but it sounds like you're holding these kids hostage.
00:17:44.000You do not get to cross into the country illegally.
00:17:45.000Again, we have provisions that say if you come to a port of entry in the United States, then we will treat you like a normal asylum seeker.
00:17:52.000If, however, you are sneaking through the brush near Sonoma, and you just decide to cross the border illegally, not near a port of entry, and we catch you, we're not going to treat you as though you were an asylum seeker, because if you were an asylum seeker, you would have gone to a port of entry.
00:18:05.000But the media are just lying flat out about this.
00:18:07.000I will say, I thought that the most hilarious thing is after Jeff Sessions quoted the Bible to say that people should abide by the law, MSNBC decided to ask, what would Jesus do?
00:18:14.000So apparently Trump has now won the war on Christmas.
00:18:17.000Trump has officially won the war on Christmas because he's got the anchors at MSNBC actually reading the Bible.
00:18:22.000I do enjoy when folks on the left start reading the Bible.
00:18:25.000And they skip over all the parts about, you know, like abortion and same-sex marriage and adultery, and they skip over all of those parts and they go straight to the most vague portions that support their position.
00:18:34.000So here's Ali Velshi on MSNBC, who I guess went to some sort of seminary, and he did a full segment on MSNBC called, What Would Jesus Do About Illegal Immigration?
00:18:44.000But Jesus said, suffer little children and forbid them not to come unto me for of such is the kingdom of heaven.
00:18:52.000What does that have to do with illegal immigration?
00:18:53.000Let's go to Matthew chapter 25 again, this time verse 40.
00:18:57.000And the king shall answer and say unto them, verily I say unto you, inasmuch as ye have done it unto one of the least of my brethren, ye have done it unto me.
00:19:12.000That's just a small sampling of what's in the Bible.
00:19:28.000Here's what Planned Parenthood tweeted.
00:19:29.000They tweeted out, In our hearts and minds today, all of the fathers and parents who have been separated from their children at borders, keep families together.
00:19:51.000Now, whatever you may say about separating families from children at the border, and again, I think there's an easy congressional fix to all of this that Speaker Ryan's office has told me they're already pursuing today.
00:19:58.000You know, even if you believe that that's something that ought to be fixed, what Planned Parenthood does to kids, a lot worse than separating them at the border for a week and a half.
00:20:08.000So I do love how the left suddenly is interested in God and the Bible when it comes to illegal immigration.
00:20:13.000By the way, I just want to note this, you know, as someone who's fond of the Old Testament, right, I wear the funny hat on my head because I'm fond of the Old Testament.
00:20:19.000And I like it in the original Hebrew, you know, the hardcore way.
00:20:22.000And whenever it talks about treating strangers in your land with certain respect, the precondition in all of Jewish law for all of Jewish history is that people have to accept the law of the land.
00:20:30.000If you violate the law of the land, you're not treated like a stranger in the land, like a ger toshav, right?
00:20:34.000You instead are treated like somebody who is violating the law of the land.
00:21:04.000All those people wouldn't say that Hillary Clinton was feckless and complicit when it came to her husband's exploitation of women.
00:21:08.000But it's a different thing when you're talking immigration policy and Melania Trump.
00:21:11.000Like, Melania's just going to stroll on into the Oval, and suddenly Trump's going to shift his immigration policy because Melania said something.
00:21:17.000Now, the routine that is making the most headlines today is Laura Bush has an op-ed today that we need to go through in just a second.
00:21:25.000Plus, we have a bunch of preening Democratic lawmakers I want to talk about.
00:21:28.000First, I want to say thanks to our sponsors over at stamps.com.
00:21:31.000So right now you can get practically everything on demand, right?
00:22:48.000I really like Laura Bush, I have a lot of respect for Laura Bush, I think she was a very good first lady, but I don't know why it was that Laura Bush was silent about so much of policy under the Obama administration, and now she's speaking out about the Trump administration.
00:22:59.000I suppose the idea here is that Republicans are supposed to police their own, so when something really bad happens, Republicans are supposed to speak up.
00:23:06.000That's fine with me, but I think that this particular piece is not supremely accurate.
00:23:11.000And not only do I think that it's not supremely accurate, I think that it actually forwards some falsehoods.
00:23:20.000I was among the millions of Americans who watched images of children who have been torn from their parents.
00:23:24.000In the six weeks between April 19th and May 31st, the Department of Homeland Security has sent nearly 2,000 children to mass detention centers or foster care.
00:23:31.000More than 100 of these children are younger than four years old.
00:23:34.000The reason for these separations is a zero tolerance policy for their parents.
00:24:00.000Meaning, I am putting myself in your shoes.
00:24:02.000Well, how about putting yourself in the shoes of the immigration agent who has to decide whether to release an unvetted illegal immigrant family
00:24:08.000There are stories, by the way, of gangs who have been smuggling children across the border specifically for this purpose, because they know that if they have a kid with them, they're more likely to be released into sort of general society.
00:24:18.000Now, that's a rarity, but it is happening.
00:24:20.000And we have to be vetting who comes into the country in the first place.
00:24:23.000Is the policy supposed to be that if you show up with a six-month-old, that we just release you into the country?
00:24:55.000She says, Our government should not be in the business of warehousing children in converted box stores or making plans to place them in tent cities in the desert outside El Paso.
00:25:03.000These images are eerily reminiscent of the Japanese internment camps of World War II, now considered to have been one of the most shameful episodes in American history.
00:25:10.000We also know this treatment inflicts trauma.
00:25:11.000Interned Japanese have been two times as likely to suffer cardiovascular disease or die prematurely than those who are not interned.
00:25:17.000This is not Japanese-American internment, okay?
00:25:19.000That was taking American citizens and forcibly relocating them to camps when they were integrated into American society already.
00:26:03.000People on all sides agree our immigration system isn't working, but the injustice of zero tolerance is not the answer.
00:26:08.000I moved away from Washington almost a decade ago, but I know there are good people at all levels of government who can do better to fix all of this.
00:26:39.000There's been a lot of talk about illegal immigration and its effects on the economy.
00:26:43.000The evidence suggests that illegal immigrants are more of a drain on the economy than a help to the economy since they don't pay taxes.
00:26:47.000They pay, you know, state sales tax, but that's about it.
00:26:51.000But it is certainly true that every crime that is committed by an illegal immigrant inside the United States is a crime that didn't need to happen.
00:26:57.000For example, over the weekend, authorities said five undocumented immigrants are dead following a chase involving Border Patrol agents on Sunday afternoon.
00:27:04.000Dimmock County Sheriff Marion Boyd said the crash happened off Highway 85 in Big Wells at about noon.
00:27:09.000Boyd said agents were chasing the SUV when it lost control and overturned.
00:27:12.000The vehicle was traveling at more than 100 miles per hour when it crashed.
00:27:15.000Fourteen people were inside, including the driver and passenger.
00:27:32.000The driver is a United States citizen who was among those transported.
00:27:35.000A Border Patrol agent observed three vehicles traveling one behind the other on FM-2664 and suspected a smuggling attempt was happening, the agency said in a statement.
00:27:43.000The agent was able to stop one of the vehicles and called out a description of the other two.
00:27:46.000A second Border Patrol agent was able to pull over the second vehicle.
00:27:57.000Boyd says they need a wall built in this area because this is a real problem in the area.
00:28:01.000So, while there's a lot of talk about weakening immigration law, you know, we ought to remember that a country worth its salt does have borders.
00:28:08.000Now, lawmakers are making hay while the sun shines here.
00:29:17.000Again, all this media coverage is ridiculous, all of it is unfair, and all of it is designed to elicit an emotional response, when an emotional response may be merited.
00:29:32.000Okay, so, you're gonna have to go over to dailywire.com for the rest of the show live.
00:29:36.000For $9.99 a month, you get the rest of this show, the rest of Andrew Klavan's show, the rest of Michael Moll's show, plus, as I said earlier on the show, we have an episode of The Conversation coming up tomorrow.
00:29:44.000In that episode of The Conversation, we'll include me taking your questions.
00:29:47.000When you're a subscriber, you get your questions asked.
00:30:00.000When I go to public events, I see people bring them with them, they cherish them, they treasure them, they put them in glass cases so that they're not harmed.
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00:32:17.000Let me just quickly say that when you have a mother tell you directly that she's in fear that she will never see her child again, and when the United Nations Human Rights Commission indicates to the Trump administration you're violating human rights, then you know that what we are saying today is, President Trump, cease and desist, because you are moving the arc of justice to the heap of despair and the trash heap of injustice.
00:32:41.000After the parents are in handcuffs, their kids are taken away to parts unknown.
00:32:48.000Okay, that's Peter Welch, Democrat from Vermont.
00:32:50.000Heap of despair and trash heap of history and arcs of justice and oh my goodness.
00:32:54.000Okay, if you're a parent and you feel like you're never gonna get your kid back, that's horrifying obviously, which is why we should correct the situation.
00:33:00.000It is also true that every child has been returned to their parent.
00:33:24.000It's fibs and it's lies, and it's inappropriate to fib and lie about politics, even if you think that it's going to be helpful.
00:33:30.000These are the same people who say that Trump lies routinely, while the media are lying about the situation, and it's really, really unpleasant.
00:33:36.000Okay, now speaking of unpleasant, Peter Strzok.
00:33:38.000You'll recall last week we talked at length about the Department of Justice Inspector General report about the FBI's actions in the Hillary Clinton email case.
00:33:46.000And that IG report was pretty damning.
00:33:48.000The person at the center of the IG report was Peter Strzok.
00:33:50.000Was an FBI agent who was one of the head agents in charge of both the Russia investigation as well as the Hillary Clinton email investigation.
00:33:57.000And you'll recall that there was a text that he sent to his lover.
00:34:00.000He's a delightful fellow who's married, having an affair with a woman who is also married.
00:34:02.000So just delightful people all the way around.
00:34:04.000And she texted that Trump wouldn't be president, she hopes, basically.
00:34:13.000So now, Strzok says that he will testify before the House Judiciary Committee without a subpoena.
00:34:18.000According to his lawyer, Eytan Goleman, he wrote the House Judiciary Committee Chairman Bob Goodlatte, a letter obtained by Law & Crime, quote,
00:34:43.000So the reason that he's so eager to get in front of the committee, obviously, is because he can fib about all of this.
00:34:49.000He can just say, when I said, we'll stop it, I mean all of the anti-Trump voters, right?
00:34:54.000Or when I said that I don't want Trump to be president, I didn't mean I was going to use my official auspices to do all of this.
00:35:00.000Or when I decided that I was going to delay the decision-making about Hillary Clinton's email investigation to pursue the Russian investigation, which is what happened between late September and late October.
00:35:09.000And when I made that decision, that wasn't politically motivated.
00:35:12.000After all, if I were politically motivated, I would have released all this stuff to the press.
00:35:15.000He already said all this stuff to the DOJ, and the DOJ itself found some of this stuff non-incredible.
00:35:19.000The DOJ itself said that it had problems with Strzok's story, that it thought that it cast really bad light on the FBI's actions in the Hillary Clinton email case.
00:35:29.000On Thursday, the DOJ's Office of the Inspector General blasted Strzok for his behavior amid the probes into Russia collusion in Hillary Clinton's emails, to say they were ambivalent doesn't quite capture their tone.
00:35:38.000On the one hand, investigators said they found no evidence tying investigative decisions to anti-Trump messages involving Strzok, according to LawAndCrime.com.
00:35:46.000When one senior FBI official, Strzok, who helped lead the Russia investigation at the time, conveys in a text message to another senior FBI official, Page, that, quote, will stop candidate Trump from being elected, after other extensive text messages between the two disparaging candidate Trump, it is not only indicative of a biased state of mind, but even more seriously implies a willingness to take official action to impact the presidential candidate's electoral prospects.
00:36:29.000Well, Special Agent Strzok did not backburner an inspection of the Wiener laptop in fall of 2016.
00:36:34.000Second, while Special Agent Strzok openly admitted he believed the Russia investigation was far more important to American national security than the Clinton email investigation, this conclusion is evidence of Special Agent Strzok's lucidity, not his bias.
00:36:46.000And so I guess Strzok is eager to testify because he's eager to grandstand about all of the Russian collusion that's supposedly going on.
00:36:52.000Now, again, there's been no actual evidence presented as of yet of anything beyond attempted collusion.
00:36:57.000Now, attempted collusion ain't great, but it ain't the same as actual collusion.
00:37:00.000Strzok wants to get in front of Congress.
00:37:01.000He wants to get in front of those cameras.
00:37:05.000No matter what he says, the left will claim that Strzok was acting in the best interest of the country, and the right will suggest, I think rightly so, that bias was taking place with regard to the Russia investigation and the Hillary investigation.
00:37:22.000No other area of American government would you be allowed to get away with this.
00:37:25.000If you were a local police officer and there were a shooting, and they found in your messages, text messages about the person that you shot,
00:37:45.000Now, meanwhile, speaking of ridiculous, you know, there's a lot of talk on college campuses these days about structural bias, about racism, institutional racism.
00:37:54.000Well, now it turns out that Harvard University is institutionally racist.
00:37:57.000So a group that is suing Harvard University is demanding that it publicly release admissions data on hundreds of thousands of applicants
00:38:03.000Basically what they found is that Harvard kept saying over and over and over that all Asian applicants were not good leaders, basically.
00:38:22.000They said that they were not good leaders or they had personal flaws and that's why they couldn't be admitted despite higher test scores.
00:38:30.000So the Caltech, I saw a fascinating chart over the weekend, Caltech admits people simply on the basis of scores and on the basis of grades.
00:38:37.000And what you saw is that the number of Asian Americans at Caltech has been increasing dramatically over the past 20 years.
00:38:43.000It started off at a certain level, and then it rose dramatically to the point where it is now, and it looks like a straight line up, basically.
00:38:51.000It's an arithmetically increasing line.
00:38:53.000Well, if you look at the levels at Harvard, what you see is a boost in the 80s of Asian-American people attending Harvard, and then it flattens out, and it's stayed flat ever since the 90s.
00:39:03.000And the same is held true at Yale, and the same is held true at NYU, and the same is held true at most major college universities, which suggests that there is racism going on.
00:39:10.000It's just that the racism is coming from the left in the form of admissions bias to prevent Asian Americans from getting into schools.
00:39:16.000You want to talk about institutional racism?
00:39:17.000We should be talking about institutional racism on the part of these universities.
00:39:54.000We're experiencing a crisis of masculinity.
00:39:56.000That's the claim of Canadian psychologist and self-help author Jordan Peterson.
00:40:00.000Peterson argues that feminism and policies like no-fault divorce have destabilized traditional family and social structures.
00:40:05.000As a fix for this, Peterson recommends a variety of things, including enforced monogamy, a solution that implies men are oppressed due to lack of consensual sex.
00:40:12.000Okay, first of all, that is a lie that we have talked about on the show before.
00:40:15.000Jordan Peterson, when he says enforced monogamy, he does not mean government-enforced monogamy.
00:40:19.000He means a societal standard that promotes monogamy, which I thought feminists would be for, in many cases, so that men wouldn't be scumbags cheating on them on a routine basis.
00:40:28.000Hey, Peterson's claims have been broadly criticized, but he does have his defenders as well.
00:40:31.000He's often argued that the crisis of masculinity has been caused by feminism, which has led to evolving norms generating confusion and mixed signals in the words of Cathy Young writing in the LA Times.
00:40:49.000He says, men experience violence and oppression because norms are not changing.
00:40:52.000And it is in general powerful men who enforce these unhelpful and sometimes dangerous masculine expectations, not tyrannous feminist women.
00:40:59.000As in one example, consider male suicide rates.
00:41:01.000Men are victims of three quarters of suicides in the United States.
00:41:04.000This isn't because feminists have successfully carried out a campaign to keep men from having sex.
00:41:08.000Rather, male suicide rates are tragically high because of traditional stereotypical standards of manliness.
00:41:14.000Okay, if that were really the case, if you really believe that it was traditional standards of stereotypical masculinity, then why exactly has male suicide increased?
00:41:22.000If the standards were the same 50 years ago as they are today, you would expect the suicide rate to be the same 50 years ago as it was today.
00:42:02.000And then he talks about gender expectations and stereotypical views of men.
00:42:07.000Mass incarceration disproportionately affects black people and people of color, but it also, and relatedly, affects men.
00:42:12.000Well, no, it turns out that men have always gone to prison at higher rates because men are more aggressive biologically.
00:42:17.000So, in order to get to this idiotic point, basically, Noah Borlatsky has to suggest that the only thing that has changed is that men have become worse, which is stupid and untrue.
00:42:26.000And the only thing that has changed is that societal standards have changed, and this is making men more unhappy in certain ways, and maybe we should take a look at those societal standards and determine whether they are useful or not, or whether they are counterproductive or not.
00:42:36.000Okay, time for some stuff I like and then some stuff I hate, and then we'll do a Federalist paper.
00:42:51.000It's called Maimonides and the Book that Changed Judaism, Secrets of the Guide for the Perplexed.
00:42:56.000It really is a sophisticated take on Guide for the Perplexed, which is a very difficult book to read unless you know Aristotelian philosophy and teleology.
00:43:41.000Now, I'm old enough to remember, because I'm from Los Angeles, when Jimmy Kimmel was the sports guy on Kevin and Bean on KROQ 106.7 out here.
00:43:49.000That was literally how he started his career.
00:43:50.000He started his career by giving the sports updates in the morning on KROQ.
00:43:54.000Suffice it to say that I did not listen to K-Rock on my own.
00:43:56.000I was in a carpool and I used to sit in the middle of the backseat in carpool because I was the smallest kid and I did not get to choose what was on the radio.
00:44:02.000But that meant I heard a lot of Jimmy Kimmel in his younger days doing the sports updates.
00:44:25.000They raised a bunch of money for charity.
00:44:27.000And this leads me to think that we should have more charity basketball games between celebrities, because something like 5,000 people showed up, which is more than a typical WNBA game.
00:44:37.000I'd be more interested in watching that than the WNBA.
00:44:39.000I mean, I'm sure the level of skill is higher in the WNBA, but still, Jimmy Kimmel, and it's a disgrace to the game of basketball, I'm sure, but it was pretty funny.
00:44:46.000I mean, if you look at the footage, so good for Ted Cruz.
00:44:48.000That's got to be just a blot on Jimmy Kimmel's record.
00:44:50.000He's just got to go home and cry about that every night that he got beat by Ted Cruz in basketball.
00:45:01.000All right, so Van Jones, right, had on Kim Kardashian.
00:45:04.000Kim Kardashian, of course, is one of the great moral voices of our time.
00:45:07.000She just, as we know, freed Alice Johnson from prison, the 63-year-old drug dealer who dealt in 3,000 kilograms of cocaine, something like that.
00:46:03.000Just because people are famous doesn't mean that they're smart or know what they're doing on politics or know that I know I know we're all supposed to pretend that it's wonderful because Kim Kardashian is talking with Trump and now we're all supposed to pretend this is like a great thing.
00:46:15.000Okay, I am not excited that Kim Kardashian is talking with Trump because I don't think she knows things.
00:46:19.000I think she knows things about certain things.
00:46:21.000I don't think that the criminal justice system is one of those things.
00:46:24.000If Trump wants to talk with an expert referred by Kim Kardashian, that's one thing.
00:46:28.000But if Kim Kardashian is now going to be a politician, I hate that our politics has now suggested that study, reading books, knowing things, these are negatives.
00:46:38.000It makes you hoity-toity to know stuff.
00:46:40.000Well, what utter what utter nonsense and stupidity?
00:47:21.000Rob was very receptive, but we wanted to take things slowly.
00:47:23.000Okay, so note to ladies who say they want an open marriage, the reason your husband is very receptive to open marriage is because men are naturally polygamous and want to go screw as many women as possible.
00:47:34.000Okay, and then, first of all, I don't believe, I'm gonna say this, I don't believe that a lot, that the issue of sexual compatibility is a real issue.
00:47:42.000I think it's an issue of personal compatibility treated, extended into the realm of sex.
00:47:47.000That's what I think about sexual compatibility.
00:47:48.000I think that if you're a giving person in the bedroom, you're likely to have a very good sex life.
00:47:52.000I think that if you're an a-hole in real life, you're likely to be an a-hole in the bedroom.
00:47:55.000I think that's just the way that it works.
00:47:57.000I think that if two people love each other and they give to each other, they will have a very good sex life.
00:48:01.000If not, they'll have a garbage sex life.
00:48:03.000This issue of, oh, you know, we love each other and we're really giving and we're great in every other aspect of life, but just in the bedroom, we're really bad together.
00:48:10.000I think you're doing something wrong and I blame you.
00:48:12.000Okay, I don't blame it on, oh, you have exquisite sexual taste and now I need to go out and explore the world and do the Cirque du Soleil tour of sex.
00:48:37.000Okay, so this article continues, and then, apparently, we were very open about what we were doing with everyone, including our kids, who were four and eight at the time, because you will burn in hell, okay?
00:48:48.000We sat down with them and explained that some people think when you're married to someone, you can only love that one person, but that we didn't believe that.
00:48:53.000We thought you could love more than one person at the same time.
00:48:55.000Our oldest child thought about it and said for a moment, and then said, well, right, I love you, and I also love data.
00:48:59.000And I said, right, and that was the end of the conversation.
00:50:47.000And sure, we had two kids who weren't involved with Mike, but my kids don't matter because, hey, I want to get my rocks off.
00:50:53.000And they decided to have a small bedroom on the first floor because it was more private.
00:50:57.000The idea is that Rob and I would keep the master bedroom and I could go downstairs and sleep with Mike when I wanted to.
00:51:01.000Honestly, Rob has always preferred to sleep alone and was happy to have the bed to himself because Rob, as we have mentioned before, is a doof.
00:51:59.000He wanted to feel what it was like to steer his own ship for a while.
00:52:02.000In a funny way, and given the statistics around infidelity, I think we're a lot more committed to non-monogamy than most monogamous people are to monogamy.
00:52:24.000Statistically speaking, this is false.
00:52:27.000You are 100% committed to non-monogamy, and the majority of monogamous people are committed to monogamy, and so you ruined your life, and you ruined your children's life, and you ruined your husband's life.
00:52:35.000So well done, all because you weren't sexually compatible, which really means that you weren't willing to be giving in the bedroom, or your husband wasn't, and you wouldn't talk about it.
00:53:15.000Okay, so he begins by discussing the so-called Necessary and Proper Clause.
00:53:18.000This is the clause of the Constitution that says that the federal government has the power to make all laws necessary and proper for carrying into execution the powers by the Constitution vested in the government of the United States.
00:53:29.000In other words, if there's a power in the Constitution, then the federal government can pass a law to effectuate that power.
00:53:36.000He says, What is a power but the ability or faculty of doing a thing?
00:53:40.000What is the ability to do a thing but the power of employing the means necessary to its execution?
00:53:44.000What is a legislative power but a power of making laws?
00:53:47.000What are the means to execute a legislative power but laws?
00:53:50.000What is the power of laying and collecting taxes but a legislative power or power of making laws to lay and collect taxes?
00:53:55.000In other words, when it says necessary and proper, if I say you have the power, the legislature has the power to regulate interstate commerce, that means it has the power to pass laws and create agencies to effectuate those laws.
00:54:08.000Hamilton says the point of this clause is to restrict the power of the federal government to only that which is necessary.
00:54:15.000So otherwise, you would just say the government has the power to do whatever it wants.
00:54:18.000Instead, it says the government has the power to regulate interstate commerce, for example, and then it says the government has the power to do what is necessary and proper to accomplish those effects.
00:54:30.000Hamilton is totally right about this, but the Supreme Court decided that the Necessary and Proper Clause was not actually the Necessary and Proper Clause.
00:54:37.000That it was the Government-Should-Be-Able-To-Do-Whatever-It-Wants Clause.
00:54:41.000So, there's a landmark decision by Chief Justice John Marshall in McCulloch v. Maryland.
00:54:45.000He decided wrongly that the Necessary and Proper Clause was used as the justification for the creation of a national bank.
00:54:52.000So, the state of Maryland had attempted to impede the operations of the Second Bank of the United States by taxing out-of-state banks.
00:54:59.000The Second Bank of the United States was the only out-of-state bank, the court ruled against Maryland, and Justice John Marshall said that the Constitution didn't give Congress the permission to create a federal bank, but it gave Congress the implied power to do so under the Necessary and Proper Clause so Congress could realize or fulfill its expressed taxing and spending powers.
00:55:34.000The worries about the Necessary and Proper Clause were well-founded, but it's not clear that without the Necessary and Proper Clause, the Supreme Court wouldn't have done the same thing.
00:55:42.000Okay, so we will be back here tomorrow with all of the latest.