Amy Coney Barrett's nomination cruises ahead as Democrats struggle for a response. President Trump tests negative for COVID while the media frets about masking. And Portland rioters knock over statues of Abraham Lincoln and Teddy Roosevelt.
00:00:21.000Protect your online privacy today at expressvpn.com slash Ben.
00:00:25.000Alrighty, we have a lot to get to today.
00:00:26.000We'll get to everything involved in the Amy Coney Barrett hearings.
00:00:29.000We'll also get to Joe Biden, who continues to stumble over himself, but it turns out that that doesn't matter because in the end, he is making this thing a referendum on Trump.
00:00:36.000We'll get to all that in just one second.
00:00:38.000First, we are in the final days leading up to one of the most contentious Presidential elections in our nation's history.
00:00:49.000What if the Democrats try to quarterback?
00:00:50.000Okay, bottom line is that uncertainty is terrible for markets.
00:00:53.000At the very least, it creates volatility in the markets, and this is why you should be diversified at least a little bit into precious metals.
00:01:12.000One of the nicest people at Birchgold will walk you through your conversion of your eligible IRA or 401k into a precious metals IRA where the physical metal, not ETFs, will be stored securely.
00:01:40.000Okay, so yesterday launched the Amy Coney Barrett hearings and it became quickly obvious that the Democrats have no line of attack against Amy Coney Barrett.
00:01:49.000Now, the truth was they had no line of attack against Brett Kavanaugh either.
00:01:53.000And not only was he well-qualified, but he had not really ruled on anything particularly controversial.
00:01:59.000Connie Barrett has not really ruled on anything particularly controversial.
00:02:02.000She's made some statements in her law review articles about how originalism ought to be interpreted.
00:02:06.000And those statements are well in line with traditional originalist philosophy.
00:02:10.000So Democrats really don't have a great line of attack.
00:02:12.000And therefore, they've come up with two lines of attack on Amy Coney Barrett.
00:02:16.000One is that she's something out of The Handmaid's Tale.
00:02:18.000Michael Moore yesterday tweeted out a...
00:02:21.000A miscolorized photo of Amy Coney Barrett.
00:02:24.000She was wearing what looked like a purple slash pink outfit yesterday and he retouched it up so that she was wearing red.
00:02:31.000And then he tweeted out that she was a member of the Handmaid's Tale because as it turns out, every woman who has ever worn red is a member of the sex cult in the Handmaid's Tale.
00:02:40.000So that means Elizabeth Warren, Elena Kagan, Sonia Sotomayor, Hillary Clinton, Nancy Pelosi, Michelle Obama, all of whom have worn red at one point or another.
00:02:49.000The only reason that a woman would ever wear red is because she's a member of a cult from the Margaret Atwood novel.
00:02:55.000The other possibility, of course, is that it has not, I mean, first of all, you had to mis-colorize the photo, but second of all, like it turns out this is just stupid.
00:03:02.000So one attack on Coney Barrett is that she's religious and all religious people are bigots and all bigots ought to be kept off the court.
00:03:09.000And that line of attack is very dangerous for Democrats.
00:03:12.000They've been shying away from that one a little bit.
00:03:13.000The other one is that it is just illegitimate for Republicans to fill the seat.
00:03:16.000Republicans should never under any circumstances fill the seat because Republicans did not fill the Merrick Garland seat.
00:03:25.000Well, the reason they didn't vote on Merrick Garland is because Merrick Garland didn't have the votes.
00:03:28.000It turns out that they didn't have 51 votes for Merrick Garland.
00:03:31.000They do have 51 votes, as it turns out, for Amy Coney Barrett.
00:03:34.000So they were left with pretty much nothing except screaming and mewling and whining and yelling at the moon.
00:03:39.000Now, one of the questions here is how this is going to affect the presidential race.
00:03:42.000A lot of people, including me, speculated that if Democrats went overboard here, it would hurt Joe Biden in the same way that going overboard against Brett Kavanaugh and calling him a gang rapist hurt Democrats for a brief moment in time before Trump redirected the nation's attention toward the caravan, the illegal immigrant caravan moving up through Central America, Central Latin America.
00:04:01.000Now, the Democrats have been careful not to do that.
00:04:03.000They've been careful to avoid that particular issue.
00:04:06.000Also, it turns out, I don't think the Amy Coney Barrett hearings are going to have much to do with the election on a presidential level.
00:04:11.000On a Senate level, they could have something to do with it.
00:04:13.000And I know everybody in the world, I've been saying this for now a week, I know everybody in the world wants to focus in on the presidential race.
00:04:18.000Here are the facts about the presidential race right now.
00:04:43.000It is also possible that the polls are off, although they would have to be off by probably an order of magnitude in order for them to be wrong nationally and for Trump to somehow win the popular national vote.
00:04:52.000But he's within spitting distance in Florida.
00:04:54.000He's within spitting distance in Ohio.
00:04:57.000He's not really within spitting distance right now in Pennsylvania, Wisconsin, or Michigan, according to the latest polling data.
00:05:02.000He's going to have to draw closer there.
00:05:03.000But recognize that if you're a conservative, he's not the only person on the ballot.
00:05:07.000It turns out that your Senate candidates are on the ballot as well.
00:05:11.000And Joe Biden as president with a Democratic Senate is significantly more dangerous to the future of the Republic than Joe Biden as president with a Republican Senate.
00:05:19.000Especially given the fact that there tends to be an off-year election blowback against the party in power in the executive branch, which means that if Republicans were to hold the Senate this time around, then you would imagine they would pick up some seats.
00:05:31.000You would imagine they would pick up some seats next time around and strengthen that Senate majority.
00:05:36.000And so you have a number of close Senate races.
00:05:38.000The ACB hearings actually benefit Republicans in this way because Democrats acting like idiots, particularly from purple states, that does not cut in favor of those Senate candidates.
00:05:49.000And right now we are starting to see some evidence that there will be some ticket splitting.
00:06:02.000The media basically suggested that Gillum was a foregone conclusion.
00:06:05.000And then Andrew Gillum not only lost, but ended up in a hotel room with a gay hooker and some meth.
00:06:10.000So it turns out good decision, Floridians, for Ron DeSantis.
00:06:13.000In any case, There's the possibility of ticket splitting, even if Trump were to lose.
00:06:17.000This is not conceding that Trump is going to lose the election.
00:06:20.000It's just recognizing the political realities on the ground, which is a lot of very tight Senate races and by polling numbers, a lot tighter than the presidential race at this point.
00:06:27.000And the Amy Coney Barrett hearings could have some impact on that because you do have some swing state senators who are involved in the Amy Coney Barrett hearings.
00:06:35.000Like right now, if you look at the Senate statistics, Steve Daines has picked up some ground.
00:06:39.000He was down a little bit to Bullock in Montana.
00:06:44.000In the North Carolina race, the Democrat Cal Cunningham has been hit with a sex scandal.
00:06:50.000There are not a lot of great polls that are out right now.
00:06:53.000There's one poll that came out, I guess, in the last week, and that one had Cunningham up fairly solidly over Tom Tillis, but again, I expect that one to draw a lot closer.
00:07:03.000Lindsey Graham was suspected to be running dead even.
00:07:05.000There's a new poll out today showing Lindsey Graham up fairly substantially.
00:07:09.000Those Senate races matter an awful lot.
00:07:11.000So right now, I'm telling you, if you're a Republican and you have to choose, you don't have to choose, but if you have to choose whether to give your money to the presidential race or whether to give your money to your Senate candidate, give your money to your Senate candidate.
00:07:39.000And they've talked about cord packing.
00:07:40.000Even if they only do the first two, it wrecks the balance of power in the American government and leads to nothing but running room for Democrats in the future.
00:07:49.000If you're gonna target where you're giving right now, I would say you gotta give to Joni Ernst in Iowa.
00:07:53.000Because right now, her opponent, Theresa Greenfield, is up by about 4 points in most of these polls.
00:08:37.000The other races that look fairly close right now.
00:08:39.000Colorado is not really inside margin of error, but there's not been a ton of polling that has been done there.
00:08:46.000And John Hickenlooper, who's a very scandal-ridden candidate, he has yet to break 50%.
00:08:52.000So those are those are the races that I would be focusing on.
00:08:54.000And again, the Amy Coney Barrett hearings could make a difference there if Republicans put in a strong showing in some of these swing states.
00:08:59.000If you want to go for, by the way, if you want to go for a great candidate who is running an extraordinarily competitive race in a very bad year for Republicans in his state, John James in Michigan is a stud.
00:09:08.000John James is running a one point race right now.
00:09:11.000He's running a one point race with Gary Peters in Michigan, which is truly an amazing feat.
00:09:26.000Now, to the Amy Coney Barrett hearings.
00:09:27.000As we say, it turns out the Democrats don't have a great comeback for Amy Coney Barrett because it turns out that she is witty, she is charming, and she knows what she's doing.
00:09:34.000She's been qualified, is well qualified by the American Bar Association, which is a designation I don't really take super seriously because frankly, I think the American Bar Association is a leftist outlet and it has been for quite a long time.
00:09:46.000Nonetheless, Democrats have struggled for a response to Amy Coney Barrett in a way that they struggled with Brett Kavanaugh before the fake rape allegations by all available evidence against Justice Brett Kavanaugh.
00:09:57.000So again, narrative number one is that Amy Coney Barrett is a religious bigot.
00:10:01.000This is why you saw Amy Coney Barrett protesters dressed up as the Handmaid's Tale.
00:10:04.000I don't, like, read another book or watch another show.
00:10:26.000Does Amy Coney Barrett look like something out of The Handmaid's Tale to you?
00:10:29.000If so, it's probably because you've lost your mind.
00:10:31.000So here was Amy Coney Barrett yesterday in her opening statement, and she was talking about the importance of her family, which apparently is very bad.
00:10:37.000It's bad when Republicans talk about the importance of their family.
00:10:40.000It shows that they are merely members of religious cults.
00:10:42.000Here's Amy Coney Barrett talking about her family.
00:10:44.000As I said when I was nominated to serve as a justice, I'm used to being in a group of nine.
00:11:10.000That her husband has been supportive of her all the way up to the Seventh Circuit Court of Appeals and now to the Supreme Court.
00:11:14.000She talked about her philosophy of government, and this, frankly, is music to the ears of an originalist like me.
00:11:20.000I mean, I have long said that the job of the court is to interpret the law as closely as possible to the verbiage of the law, as it was meant at the time.
00:11:30.000That is what judges are tasked to do, and she backs that up here.
00:11:35.000Courts are not designed to solve every problem or right every wrong in our public life.
00:11:42.000The policy decisions and value judgments of government must be made by the political branches, elected by and accountable to the people.
00:11:54.000The public should not expect courts to do so and courts should not try.
00:11:58.000Okay, so first of all, I think it's important to note here, this is the precise opposite of what people on the left claim about Amy Coney Barrett and about every conservative justice.
00:12:06.000So every conservative justice that I know of has said exactly this, that there is a unique role for the courts.
00:12:11.000The courts are designed to interpret the law as written and then enforce the law as written.
00:12:16.000And then the executive branch does the actual hardcore enforcement, right?
00:12:19.000That is what the courts are designed to do.
00:12:21.000The left says, That the right wants to use the courts in order to enforce their own moral opinions, their own theocracy, that is blatantly false.
00:12:29.000And the way you can tell this is blatantly false is there's actual statistical evidence of this.
00:12:32.000Ilya Shapiro over at Cato Institute has done actual statistical studies of how often you see textualist and originalist judges writing dissents and also crossing the aisle on issues on which they disagree.
00:12:44.000Take a perfect example, Justice Scalia.
00:12:46.000Famously ruled in a couple of different cases on principles where he personally disagreed, but he recognized it was not the job of the judiciary to do his personal bidding.
00:12:55.000Those two examples that come to mind, there are many of them, two of those examples that come to mind Or Justice Scalia's opinion in the flag-burning case, in which, obviously very much against flag-burning, nonetheless ruled that the First Amendment protected flag-burning as expressive speech.
00:13:10.000And also, there was a case in which Justice Scalia took a similarly free-speech opinion on Larry Flint running a disgusting cartoon about Jerry Falwell stooping his mother in an outhouse.
00:13:20.000And he said, as much as I don't like this cartoon, this is all protected First Amendment stuff.
00:13:25.000and the standard for defamation of a public figure was incredibly high.
00:13:29.000Right. You can see that from conservative justices all the time.
00:13:32.000Right. Even justices who I think are not going the full David Souter and just deciding to become members of the hardcore left. People like Justice Gorsuch, who have been pretty good throughout, even they will sometimes wander off their own political opinion or off their priors and cross the aisle and vote with Democrats.
00:13:50.000I mean, she voted directly down the line.
00:13:51.000This is why when people say that conservatives very often don't get what they want from the justices they appoint, that's because justices very often are not doing political bidding if they are of the right.
00:14:00.000They recognize that the political branches are not the same as the judicial branch.
00:14:03.000So when Amy Coney Barrett says, listen, my job is not to enforce morality.
00:14:09.000That is precisely the opposite of what her political opponents suggest about her.
00:14:13.000recognize that the true theocrats are the people who treat leftism as a religion, then expect the courts to be the rabbinate of the entire system, that the priesthood of the entire system, the priestly caste of the entire system.
00:14:24.000Amy Coney Barrett continued along these lines. She said that courts have a vital responsibility to the rule of law, which of course is true. There's a tendency in our profession to treat the practice of law as all-consuming while losing sight of everything else.
00:14:41.000But that makes for a shallow and unfulfilling life.
00:14:45.000I worked hard as a lawyer and as a professor.
00:14:48.000I owed that to my clients, to my students, and to myself.
00:14:52.000But I never let the law define my identity or crowd out the rest of my life.
00:14:59.000A similar principle applies to the role of courts.
00:15:03.000Courts have a vital responsibility to the rule of law, which is critical to a free society.
00:15:10.000Okay, that's, of course, exactly right.
00:15:12.000One of the things I like about Amy Coney Barrett is that she says that courts have a role.
00:15:16.000Again, for conservatives, government has a role.
00:16:01.000That was what Democrats' response was to all of this.
00:16:04.000So Kamala Harris, who, I mean, it's just unbelievable to me that this lady is going to end up as vice president of the United States, possibly.
00:17:49.000Special offer when you go to ring.com slash Ben for a special offer on the ring welcome kit plus free two day shipping.
00:17:55.000OK, so Democrats, they have to respond to Amy Coney Barrett's nomination.
00:17:59.000So Kamala Harris says that the will of the people is being defied, which is weird because the will of the people put Donald Trump, at least in electoral terms, in the White House.
00:18:06.000Now, I understand, everybody with the popular vote and this, that's not how the process works.
00:18:10.000The process works how the process works.
00:18:12.000The will of the people has put the people in positions to vote, who are now in the positions to vote, according to the American system of government.
00:18:18.000But Kamala Harris says, the will of the people will not be done if Amy Coney Barrett fills Ruth Bader Ginsburg's slot.
00:18:24.000Now, what's amazing to me in all of this, is it is incredible how politicians and members of our government Avoid responsibility.
00:18:31.000There's really only one person to blame for the fact that Donald Trump is going to replace Ruth Bader Ginsburg with Amy Coney Barrett.
00:18:38.000That person's name is Ruth Bader Ginsburg.
00:18:39.000Ruth Bader Ginsburg died in her mid-80s.
00:19:10.000But here's Kamala Harris suggesting it's very bad to fill the seat.
00:19:13.000More than nine million Americans have already voted, and millions more will vote while this illegitimate committee process is underway.
00:19:22.000A clear majority of Americans want whomever wins this election to fill the seat.
00:19:29.000And my Republican colleagues know that.
00:19:31.000Yet, they are deliberately defying the will of the people in their attempt to roll back the rights and protections provided under the Affordable Care Act.
00:20:04.000The notion that she is going to simply overturn the entire ACA on the basis of the fact that John Roberts wrote a crappy opinion in the first Obamacare case, it's just not true.
00:20:12.000Democrats are pushing this lie anyway.
00:21:08.000What is going on in America today, in the midst of a deadly pandemic and an ongoing election, having a rushed Supreme Court nomination hearing is not normal and we cannot normalize it.
00:21:33.000I will not be voting to confirm Judge Barrett's nomination.
00:21:38.000Okay, either Cory Booker is the most emotional person who has ever been in American politics, or he's completely unemotional and he's kind of a sociopath.
00:21:45.000And I sort of feel like the latter, because every time, I'm so upset.
00:22:24.000Here is Durbin, again, doing this routine.
00:22:26.000We can't win the vote, so there shouldn't be a vote.
00:22:29.000People had already begun casting votes, and my Republican colleagues marched in front of the cameras, looked down at their shoes, dutifully reversed their positions, and lined up obediently behind their leader again.
00:23:04.000It's also a shameless, self-serving, venal reversal that you all said that Merrick Garland should get a vote and now you say that Amy Coney Barrett should not.
00:23:10.000Pat Leahy, most famous for having a cameo in the Batman movies.
00:23:15.000I heard Senator Leahy from Vermont saying the same thing.
00:23:18.000You guys are pledging to pack the Supreme Court, guys, and kill the filibuster.
00:23:23.000I think that them, quote unquote, breaking their, they didn't give their word that they were never going to vote on a Republican nominee.
00:23:28.000They said when the parties are controlled, parties control different branches in an election year, then you should wait for that to be decided by the American public.
00:23:36.000I don't think you have to vote on anybody you don't want to.
00:23:37.000You're the Senator of the United States.
00:23:39.000But Democrats are trying to hang their head on this.
00:23:42.000We shouldn't be holding a hearing three weeks from a presidential election.
00:23:48.000When millions of Americans have already voted, no one doing so requires that literally half of the Senate goes back on their word.
00:23:59.000Think of that, my Republican colleagues, literally half of the Senate had to break their word, contradicting every argument they made four years ago about the American people needing Okay, so screaming at the sky and whining about a perfectly traditional process.
00:24:18.000Again, there have been more than a dozen.
00:24:21.000I think the statistic was close to 20 people who have been nominated during an election year.
00:24:25.000And usually when the parties control the same branches, when they control the executive and the legislature, the person gets confirmed.
00:24:32.000When a different party controls the legislature from the presidency, they do not get confirmed.
00:24:44.000First, let's talk about the fact that right now, if you ran up a credit card bill, now is a terrible time to have a credit card bill that you have run up because then you start getting those huge interest rate charges.
00:24:54.000And you can really, I mean, I know people who have fallen into credit card debt, and it is a disaster area.
00:24:58.000You start getting those month-on-month enormous fees, and now you're paying more in interest than you are on the principal, and it just keeps accruing if you don't pay it.
00:25:50.000Now subject to credit approval rate includes 0.50% auto pay discount.
00:25:54.000Lowest rate requires excellent credit terms and conditions.
00:25:55.000Apply offers are subject to change that notice.
00:25:57.000Visit lightstream.com slash Shapiro for more information.
00:26:00.000Always like doing the announcer voice at the very end right there.
00:26:03.000Alrighty, so the Democrats then have to, they have a second line of attack.
00:26:06.000So first line of attack is we shouldn't hold this vote because votes are mean.
00:26:11.000Second line of attack is we are afraid that Amy Coney Barrett is gonna do exactly what she pledges to do and rule in accordance with the constitution.
00:26:17.000And as we all just want Ruth Bader Ginsburg.
00:26:20.000Now note, if you are a political actor, so Kamala Harris.
00:26:28.000She did this from home and she put up a book, a children's book of Ruth Bader Ginsburg behind her as she made the speech.
00:26:38.000She shifted this out a couple of times, right?
00:26:39.000She had this little prop stand behind her and it says, I dissent.
00:26:43.000Ruth Bader Ginsburg makes her mark as she makes the case that apparently the Ruth Bader Ginsburg Occupied seat.
00:26:49.000Should be occupied by, apparently, children of Ruth Bader Ginsburg or descendants of Ruth Bader Ginsburg from now into perpetuity.
00:26:54.000It should be just like a communist country.
00:26:56.000In communist countries, judges appoint their own successors.
00:27:13.000Okay, in controversial cases, she wrote opinions that were completely removed from the Constitution in every area except for civil procedure.
00:27:20.000Civil procedure, oddly enough, she's actually an expert on, and she would actually rule in interesting and textualist ways.
00:27:26.000She would actually try to fulfill the mandate of a judge when it came to civil procedure.
00:27:30.000When it came to everything socially related, she literally just looked into her heart, found the answer, and then twisted the Constitution to fit it.
00:27:38.000She voted on every single social case the same way that Kamala Harris would.
00:27:41.000If you vote like a senator and you're on the court, you're not a good judge.
00:27:44.000That is a good way to tell whether somebody is a good judge.
00:27:45.000Would they vote exactly the same way on the court as they would as a senator?
00:27:50.000And if the answer is yes, then you don't know the difference between the political branches of government and the judicial branch of government.
00:27:55.000But Kamala Harris makes the case that ACB is gonna be real bad because ACB is not RBG and RBG's seat should remain for RBG and not for ACB.
00:28:04.000And then she just throws in a reference to the notorious BIJ for fun.
00:28:19.000But now her legacy and the rights she fought so hard to protect are in jeopardy by replacing Justice Ruth Bader Ginsburg with someone who will undo her legacy.
00:28:33.000President Trump is attempting to roll back Americans' rights for decades to come.
00:28:39.000Oh, what are those rights that we're talking about?
00:28:55.000It's been interesting, actually, to watch as the Democrats shy away from Roe v. Wade talk.
00:28:59.000So you would think That most of their attack would be on Amy Coney Barrett and Roe v. Wade, because the polling tends to show that Americans are somewhere between pro-life and pro-choice, meaning they don't buy into the Democrats' crazy position that you should be able to abort a baby all the way to point of birth.
00:29:15.000And depending on if you're the governor of Virginia, maybe a little later than that.
00:29:18.000And they also disagree with the full-on pro-life position.
00:29:22.000They disagree with my own position, which is that abortion should be banned from point of conception.
00:29:26.000I have a feeling that will change over time as the science of embryology gets stronger to the point where you can actually see inside the womb with more clarity from the point of conception.
00:29:36.000This is what keeps happening, is the American public keeps moving back toward conception, the date on which they think abortion is okay.
00:29:42.000It used to be they thought it was like six months in, now it's looking more and more like the last couple of trimesters Americans are getting uncomfortable with, which of course they should be, because it looks like a baby by the time you're already at week nine, week ten, it's starting to look Like a baby, just a very, very tiny baby.
00:29:55.000In any case, the Democrats have decided to shy away from the abortion issue because they've progressively been losing on that issue because of the science.
00:30:01.000And instead, they're focusing in on the possibility that ACB is gonna rule to get rid of Obamacare.
00:30:39.000But Booker is... I can't say enough words about Booker.
00:30:42.000He is as artificial as the Mr. Potato Head he appears to emulate.
00:30:46.000And here is Cory Booker saying that Roe vs. Wade and Obamacare are the will of the American people.
00:30:51.000One, Even if you want to make the case that Obamacare is the will of the American people because elected branches voted for it, I mean, I guess you could make that case.
00:30:59.000Although the repudiation right after Obamacare was pretty staunch against the Democrats.
00:31:03.000Roe vs. Wade was never the will of the American people.
00:31:06.000The American people didn't vote for Roe vs. Wade.
00:31:08.000Roe vs. Wade was a complete judicial usurpation of the political function of the government.
00:31:12.000Roe vs. Wade was the federal government deciding that the Constitution of the United States suddenly mandated tolerance for abortion past Before point of viability.
00:31:22.000And it has like nothing to do with the Constitution, and it was usurpation of state power, and it was usurpation of legislative power, even if you wanted to do it at the federal level.
00:31:31.000But Cory Booker, see, here's the thing.
00:31:34.000Too many Democrats believe in the Rousseau-ian will of the people.
00:31:36.000Namely, if something I like happens, it's because it was the will of the people.
00:31:40.000If something I don't like happens, it's because it was not the will of the people.
00:31:43.000So the same Democrats who say that Obamacare was the will of the people because the elected branches did it, say that Amy Coney Barrett should not be on the court because the will of the people disagree.
00:31:51.000In other words, the will of the people, as a phrase, sounds suspiciously like I agree with it to Democrats.
00:31:57.000So here's Cory Booker saying that everything he agrees with is the will of the people.
00:32:02.000We're here because in the middle of a deadly pandemic, in the middle of an ongoing election, Senate Republicans have found a nominee in Judge Barrett who they know will do what they couldn't do, subvert the will of the American people and overturn the ACA and overturn Roe v. Wade.
00:32:29.000By polling data, plurality of Americans are totally fine with ACB being nominated.
00:32:33.000Then you get Pat Leahy, who's here to explain that a Catholic mother of seven, one of the most powerful females will be in America and in American history.
00:32:41.000Pat Leahy says that she will be harmful to women.
00:32:43.000Yes, I definitely trust Pat Leahy on what's harmful to women.
00:32:50.000They're scared that your confirmation would rip from them the very health care protections the millions of Americans have fought to maintain, and which Congress has repeatedly rejected and eliminated.
00:33:03.000They're scared that the clock Okay, if women are scared of that, it's because they've been misinformed by Democrats, and women who are scared of it are uninformed.
00:33:22.000We are not living in a world where abortion is on the menu in terms of banning abortion wholesale.
00:33:27.000As much as pro-lifers like me would love to protect every unborn life, It is a state issue.
00:33:32.000It will remain a state issue even if Roe vs. Wade were to be discarded.
00:33:51.000It's just, I'm sorry, the Democrats' case is absurd.
00:33:53.000Meanwhile, Republicans are reveling in their chance to actually talk about the Constitution.
00:33:58.000Lindsey Graham, who has now opened up a rather substantial lead, like a six-point lead in South Carolina, according to the latest polling data.
00:34:04.000He was running dead even until a moment ago.
00:34:05.000He's getting a chance to be Lindsey Graham 2.0 in this hearing.
00:34:09.000Lindsey Graham's best moments have been in judiciary hearings.
00:34:12.000He was great during the Brett Kavanaugh hearings.
00:35:10.000Democratic senators view the court as a super legislature, as a policymaking body, as a body that will decree outcomes to the American people.
00:35:22.000Now, that vision of the court is something found nowhere in the Constitution.
00:35:27.000And it's a curious way to want to run a country.
00:35:43.000The Democrats are being pretty careful so far in their questioning of Amy Coney Barrett.
00:35:46.000They do not want to repeat the debacle of the Kavanaugh hearing that actually resounded against them in pretty significant ways.
00:35:51.000Okay, in just a second, we're going to get to the other aspect of the Supreme Court hearing, which is the looming specter of court packing.
00:36:37.000You'll learn how to detect attackers before they see you, how to survive a mass shooting, the safest and most dangerous places to sit in a restaurant, how to responsibly own and store a gun, especially if you have little kids, and a whole lot more.
00:36:47.000It comes with a bonus audio version so you can listen whenever you want.
00:36:51.000The second amendment is deeply important, knowing your own rights, really important, and knowing how to properly exercise those rights, even more important. Just text Ben to 87222.
00:36:59.000You'll get instant access and a chance to win a thousand bucks so you can buy a gun to protect your family, which is a great opportunity. Text Ben to 87222 right now and get involved with my friends over at the USCCA. Again, that's Ben. Text it to 87222 right now to get that free concealed carry and family defense guide. Okay, we'll get to the Democrats' constant refusal to sound off on court packing in just one second. First, it's baseball season!
00:37:56.000And if you haven't already, head on over to dailyware.com slash subscribe right now.
00:38:00.000Become an all-access member that gets you access to all of our daily content, the Sunday special one day earlier, and this right here, the greatest of all beverage vessels, that leftist tiers tumbler.
00:38:13.000We'll see how much this thing fills in the future.
00:38:16.000You're listening to the largest, fastest growing conservative podcast and radio show in the nation.
00:38:19.000Okay, and then we get to the Democrats final response to Amy Coney Barrett and that is maybe we'll pack the court. Right? This is I don't think it's real.
00:38:34.000I do not think the Democrats really intend on packing the court, because if they did pack the court, then the political response from the other side would be to pack the court.
00:38:43.000The other way, I mean, it would completely trash the institution.
00:38:46.000But I think that they feel it necessary to offer a glimpse of hope to their own base.
00:38:49.000This is why Joe Biden is playing footsie with it.
00:38:51.000So Biden yesterday was actually asked again about it.
00:38:54.000And he said he's kind of uncomfortable with court packing, but he refused to come out and just condemn it outright.
00:38:59.000Naturally, the other Democrats are trying to dodge the question as well.
00:39:02.000Tim Kaine, former vice presidential candidate with Hillary Clinton and senator from Virginia.
00:39:05.000He was asked about Biden and court packing.
00:39:07.000He said Biden doesn't have to answer those questions.
00:40:16.000Maisie Hirono is probably the dumbest.
00:40:18.000She dodged on court packing yesterday as well.
00:40:21.000I have been thinking about court reform for a number of years, but we don't have a serious discussion about court reform, which, by the way, it will take serious discussion.
00:40:31.000It's just not a matter of, do you want this change?
00:40:35.000That kind of discussion doesn't happen unless the Democrats take back the Senate.
00:40:39.000And yes, I expect Joe Biden and Kamala Harris to be laser focused on the potential for this country to give this out of control Okay, so we're not going to answer any of these tough questions.
00:40:58.000Naturally, the entire Democratic commentariat is now pushing court expansion.
00:41:02.000Eugene Robinson, the columnist for the Washington Post, he has a piece today called Republicans are trying to make court expansion a mortal sin.
00:41:09.000That is the dumbest argument I have ever heard in my life.
00:41:11.000So you can only ask a politician about what they're going to do once they've been elected because only then do they have the capacity to do it.
00:41:17.000That is directly counter to how democracies or republics work.
00:41:19.000then and only then will court packing be an actual possibility.
00:41:21.000That is the dumbest argument I have ever heard in my life.
00:41:23.000So you can only ask a politician about what they're going to do once they've been elected because only then do they have the capacity to do it.
00:41:29.000That is directly counter to how democracies or republics work.
00:41:33.000If you're going to vote for a candidate, typically you're allowed to ask them what they're going to do when they get the power.
00:41:40.000But, says Eugene Robinson, they should actually manipulate the court.
00:41:43.000He says there's more than one way to skew or unskew the ideology of the high court by manipulating the number of sitting justices.
00:41:49.000You could do it effectively by reducing the number of seats to eight, keeping one seat vacant for more than a year, as Republicans did with Barack Obama's nominee in 2016.
00:41:55.000They didn't do that to keep the seat open.
00:41:57.000I mean, not so that there could be eight justices.
00:42:00.000They didn't care about there being eight justices.
00:42:01.000If Barack Obama had nominated someone whose judicial philosophy they liked, presumably they would have gone along with it.
00:42:07.000Or he could rush through a hasty confirmation process, says Eugene Robinson.
00:42:09.000But you could also just pack the Constitution.
00:42:13.000If Democrats were to win the White House and Senate and keep control of the House, they would have options for how to respond to the long Republican campaign to capture the courts and the shenanigans they've used to pursue it.
00:42:22.000Expanding the size of the Supreme Court wouldn't be their only option.
00:42:26.000Every single Norm that has been broken around the courts was first broken by Democrats.
00:42:30.000It was Democrats who broke the norm around approving qualified judicial nominees by borking Robert Bork.
00:42:35.000It was Democrats who broke the norm surrounding judicial nominees and treating them with respect during the Clarence Thomas hearings and then again during the Brett Kavanaugh hearings.
00:42:43.000It was Democrats Who decided to nuke the judicial filibuster under Barack Obama.
00:44:18.000This is why I've said before that if Trump, look, if any Republican losing to a Democrat, Republicans face a bunch of institutional obstacles, namely the media who hate their guts and will cover them negatively while carrying around a slop bucket for the Democratic candidate.
00:44:32.000They have to face the institutional biases of some members of the government.
00:44:37.000There are certain obstacles that Republicans just have to face as candidates.
00:44:40.000But if you lose to Joe Biden by double digits, this old doddering idiot, you lose to this guy who ran for president one million times and lost every time until now.
00:44:49.000Then some of that has to be on your own campaign strategy, because Biden cannot hold it together.
00:44:53.000He is not capable of holding it together.
00:44:55.000So, for example, yesterday, Joe Biden was asked specifically about a Gallup poll.
00:44:58.000It showed 56% of Americans were happier now than they were four years ago.
00:45:03.000And he was asked, what do you say to those people who say they were happier now than four years ago about why they should vote for you?
00:45:08.000And Biden literally said they shouldn't vote for me.
00:45:18.000Gallup reported last week 56% of Americans said that they were better off today than they were four years ago would have been under the Obama-Biden administration.
00:45:28.000So why should people who feel that they are better off today under the Trump administration vote for you?
00:45:33.000Well if they think that they probably shouldn't.
00:45:36.000But that was not the only Joe Biden fumble and stumble.
00:45:39.000Like, this should be the story of the campaign.
00:45:41.000The story of the campaign should be that this guy is not going to be president for long if he is president.
00:45:45.000He needs to get a food taster, first of all, for Kamala Harris.
00:46:36.000So maybe we shouldn't put too much focus on the fact he won't answer questions on court packing.
00:46:40.000I'm not sure he's capable of answering serious questions on anything.
00:46:43.000The bar is so low for him at this point that if he is even mildly in the same ballpark as a topic, people credit him with doing a great job as he did during that CNN town hall.
00:46:53.000But this is why Trump pressuring him and then letting him talk would be the good strategy from here on out.
00:47:06.000Again, Democrats have poured money down a rat hole running against Mitch McConnell in Kentucky.
00:47:11.000I feel it's necessary to spend an awful lot of time, or as much time as possible, with Republicans who are capable of articulating conservative principles and pointing out that Democrats stand against a lot of the major institutions of American government.
00:47:22.000It's why I spent a lot of time on that Pence-Harris debate, where I said, like, if you strip the Trumpian attitude from the Trump administration, all you get is a lot of good policy and some conservative ideology.
00:47:35.000It doesn't mean everything the Trump administration has done is good.
00:47:36.000They've spent out the wazoo, for example.
00:47:40.000Articulation of conservative principle in a solid way is a winner.
00:47:43.000Here was Mitch McConnell going after Amy McGrath in their Senate race.
00:47:46.000They had a Senate debate the other night.
00:47:47.000And McConnell just thoroughly, thoroughly trashed her.
00:47:51.000My opponent says she's the most progressive person in Kentucky.
00:48:20.000This is why, at the very least, I'm hopeful that Republicans make that argument in Senate races around the country.
00:48:25.000Again, it is looking much more competitive in the Senate races right now than it is in the presidential race overall.
00:48:31.000And as I say, if Republicans hold Maine, if they hold Montana, If they hold Georgia, both seats in Georgia, if they somehow take Michigan, if they hold the seat in Iowa, they'll retain the Senate.
00:48:44.000And that will be a very, very important thing because, again, Democrats in control of the presidency and the House and the Senate is one of the scarier propositions on the ballot.
00:48:53.000So if you're going to take that money and donate it somewhere, donate it to a Senate race because those things are real close and the Senate is going to matter an awful, awful lot in coming years.
00:49:00.000Even if Trump wins, it's going to matter an awful lot.
00:49:02.000If Trump wins and Democrats take the Senate, nothing's getting done.
00:49:05.000So, those Senate races matter an awful lot.
00:49:08.000More focus on the Senate, less on the presidential race, is my quick sort of political pick for the day.
00:49:13.000Okay, meanwhile, controversy has broken out over COVID once again.
00:49:19.000One, there was supposed to be a debate this week.
00:49:21.000The Commission on Presidential Debate said they could not have an in-person debate.
00:49:24.000Well, as it turns out, President Trump has now tested negative for coronavirus on consecutive days and is no longer infectious to others, according to Dr. Sean Conley.
00:49:30.000He said in a statement in response to your inquiry regarding the president's most recent COVID-19 test, I can share with you he has now tested negative on consecutive days using the Abbott BinaxNOW antigen card.
00:49:39.000It is important to note this test was not used in isolation for the determination of the president's current negative status.
00:49:45.000Repeatedly, negative antigen tests taken in context with additional clinical and laboratory data, including viral load, subgenomic RNA, and PCR cycle threshold measurements, as well as ongoing assessment of viral culture data, all indicate a lack of detectable viral replication.
00:49:59.000So, that means that it has been a mistake for the Commission on Presidential Debate to cancel the debate, but no shock there.
00:50:15.000They stepped in just in time to save Joe Biden from a second debate.
00:50:18.000Okay, meanwhile, Trump out on the campaign trail in his post-COVID state.
00:50:22.000And things are getting exciting out there.
00:51:44.000Well, it shows that, listen, Americans are still worried about COVID.
00:51:47.000I think that a lot of that worry is overblown, not because of fears of COVID if you're in a vulnerable subpopulation, but because the death rates on COVID have dropped dramatically, dramatically from March.
00:51:58.000I mean, I would actually hazard to say that if Trump had gotten COVID in March when people didn't know what they were doing, there's a much better chance that the man would have died from it.
00:52:06.000Because that's true for everybody in a vulnerable subgroup, right?
00:52:30.000And that's why, again, from a political point of view, I really don't understand why Republican politicians particularly are being so cavalier about the mask wearing.
00:52:40.000Listen, I understand that we live in a reactionary era where whenever Democrats in the media say something is important, the immediate reaction is to say it's not important at all.
00:52:47.000I understand that it's irritating to watch members of the media saying selectively that certain masks are useful and certain masks are not, that if you're dancing for racial justice, In crowds, or if you're going to a party in a minority neighborhood, then mask wearing is not important.
00:53:01.000But if you're a Jew going to shul, or if you're a Trump rallier going to a Trump rally, or if you're going to an ACB event, then that is super, super important.
00:53:10.000And the selective application of mask shaming is really irritating.
00:53:14.000That doesn't mean it is smart for American Republican politicians to take off the mask and wade into crowds.
00:53:20.000Because the minute they get COVID, then the media is going to turn around and say, because you weren't cautious enough.
00:53:24.000Now, there's no guarantee that you're going to avoid COVID, even if you wear a mask.
00:53:28.000There was a recent self-reported survey saying that 85% of people who said that they had gotten COVID said that they frequently or often wore masks.
00:53:38.000Nonetheless, the sort of perception widespread among the American public is that you're not being as cautious as you could be if you are not wearing masks.
00:53:47.000By the way, you know who understands is Mitch McConnell, right?
00:53:49.000Mitch McConnell was asked the other day about why he's not visiting the White House so often.
00:53:52.000He said because they're not taking enough precautions on COVID.
00:53:54.000That is a widespread public perception.
00:53:56.000So Trump doing these big outdoor rallies with a lot of people not wearing masks, It doesn't make tons of sense to me, frankly.
00:54:03.000On a political level, it doesn't make a lot of sense.
00:54:05.000Mark Meadows did some of this yesterday, so Meadows was being quizzed by the media, and he wanted to take off his mask, so he just kind of wandered away.
00:56:00.000And then he said that you should not bother with masks because apparently he was lying to the American people in order so that we wouldn't use PPE and we'd reserve it for medical workers.
00:56:09.000And then he was very much in favor of lockdowns, and now it turns out that those lockdowns were not such a great idea as the WHO now recognizes.
00:56:15.000In fact, there's a tremendous amount of rising COVID in Europe.
00:56:19.000First of all, we should not actually use number of cases as a good indicator of whether a country is handling this well.
00:56:24.000You should use hospitalizations, ICUs, and deaths as the indication of whether a country is handling this particularly well.
00:56:30.000If you're going to use infections as the gauge, then you should determine whether you're on the downside of a curve or whether you're just in the middle of a lockdown.
00:56:37.000So Sweden right now has not really seen a tremendous increase in the number of cases because they've been open basically forever.
00:56:44.000But UK, France, they're seeing an absolute skyrocketing number of cases right now.
00:56:48.000Does that mean like the end of the world?
00:56:51.000According to the Washington Post, England has seen new coronavirus cases quadruple in the past three weeks, now has more COVID-19 patients hospitalized than before the government imposed a lockdown in March.
00:57:01.000Well, I mean, yes, that makes perfect sense.
00:57:06.000Like much of Europe, Britain, however, is pursuing targeted local restrictions.
00:57:09.000They're closing pubs in Liverpool, for example, while doing everything it can to avoid another national lockdown and closure of schools.
00:57:15.000In a statement to Parliament, British Prime Minister Boris Johnson said he was trying to take a balanced approach between the extremes of shuttering our lives and our economy and abandoning the fight.
00:57:26.000Countries across Europe are similarly looking for compromises as they scramble to contain a resurgence in infections and hospital admissions.
00:57:32.000Even still, they face more anger and frustration from businesses and individuals than they did in the spring.
00:57:38.000Ravi Gupta, microbiologist at the University of Cambridge, said that in Britain and other European countries, a full lockdown is off the political agenda, in part because the fear factor around the coronavirus is not what it was in the spring.
00:57:48.000He says it's clear people cannot endure long-term restrictions outside of authoritarian regimes.
00:57:53.000So this is not a great shock, and it's not restricted to the United States.
00:57:57.000What that does mean is that the lockdown skeptics were correct.
00:58:02.000Lockdown has not, in fact, been a big boon.
00:58:05.000Maybe that had the effect of tamping down the death rates in March and April, which is good, but it did not have the effect of quashing the virus or stopping the virus in any real way.
00:58:15.000In American politics, you know, come back across this side of the water where everybody pretends that America exists in isolation.
00:58:20.000The Trump administration policy, as I've been saying all along, was not wrong.
00:58:23.000Their policy was actually much better than what a Democratic administration policy would have been, which would have been a fascistic top-down control over every area of the American economy, which would have been really bad.
00:58:32.000I mean, Joe Biden is basically threatening it now.
00:58:38.000One is the policy, as always with the Trump administration.
00:58:40.000One is the policy, and one is the messaging.
00:58:42.000When it comes to messaging, you know it is a bad idea to be at war with Anthony Fauci, who again has been propped up by the media and put on the cover of InTouch magazine.
00:58:51.000If Trump wanted to put him front and center originally, then you can't always be at war with your own personnel.
00:58:57.000So Trump quoted Fauci in an ad, in which Fauci said that, I think that they've done more than anybody else would have.
00:59:05.000Basically showing that Fauci himself was a fan of the Trump administration's action.
00:59:40.000I think it's really unfortunate and really disappointing that they did that.
00:59:44.000It's so clear that I'm not a political person.
00:59:47.000And I have never, either directly or indirectly, endorsed a political candidate.
00:59:52.000And to take a completely out-of-context statement and put it in, which is obviously a political campaign ad, I thought was really very disappointing.
01:00:02.000Okay, so there he is going after Trump.
01:00:03.000By the way, the statement was not really out of context.
01:00:10.000It's pretty obvious Trump doesn't like him.
01:00:12.000Fauci did have to admit that Trump is right about being immune to the virus at this point.
01:00:17.000The problem with the word immune, it means different things to different individuals, Jake.
01:00:22.000If he means that he's been infected, and having been infected and recovered, that he will not get infected again.
01:00:30.000That's true for a limited period of time.
01:00:33.000What we do not know is how long that protection lasts.
01:00:38.000So technically speaking, The fact that he has recovered from an immunological standpoint, he has an immune response in him that very likely would protect him from being reinfected.
01:00:51.000Okay, well the media are disappointed in this answer because they've been proclaiming that Trump is lying when he says he's immune.
01:01:37.000No, you can't say for sure, Jake, but it certainly suggests that that is the case, unless you can find another reason, which I can't think of, of there being these excess deaths in the context of coronavirus.
01:01:51.000You'd have to make an assumption that is reasonably possible, if not likely, that those are deaths that are related to corona and they're just not being counted.
01:02:02.000Okay, and then Fauci got political again.
01:02:04.000Now, again, he was perfectly willing to answer when it came to rallies, Trump rallies, saying that these political rallies they're asking for trouble, they're really bad.
01:02:12.000Do you remember Fauci being particularly vocal about the giant racial justice rallies that were happening across, the so-called racial justice rallies that were happening across the country?
01:02:18.000I don't remember him being a leader on that particular issue.
01:02:21.000I remember him sort of receding into the background.
01:02:23.000But here was Fauci going after Trump's rallies.
01:02:28.000Put aside all of the issues of what political implications a rally has and just put that aside and look at it purely in the context of public health.
01:02:37.000We know that that is asking for trouble when you do that.
01:02:40.000We've seen that when you have situations of congregate settings where there are a lot of people without masks.
01:03:03.000However much I disagree with Fauci on a lot of this stuff.
01:03:05.000And I disagree with Fauci about his general strategy.
01:03:08.000I disagree with Fauci on the way he's characterized these problems.
01:03:10.000I disagree with Fauci about downplaying the effects of lockdown while upplaying the threat of COVID beyond what I think is entirely reasonable. I think he's been far too hesitant to convey true data about the deadliness of COVID to people based on age and condition stratification. I think he should be much clearer from the outset. And I think that his strategy overall has not been good. Trump going after Fauci is a mistake. And he's tweeting incessantly about Fauci today. He tweeted today, Tony's pitching arm is far more accurate than his
01:03:38.000prognostications. No problem, no masks. WHO no longer likes lockdowns. Just came out against.
01:03:42.000Trump was right. We saved 2 million American lives. Now, 2 million American lives statistic is coming from that very bad Niel Ferguson.
01:03:50.000Ridiculous study in Britain, not Neil Ferguson, the historian, Neil Ferguson, the epidemiologist in Britain.
01:03:57.000There's a terrible study he did in which he suggested that America would experience 2.2 million deaths from coronavirus if everything was left alone.
01:04:03.000He says, well, we only lost 200,000, therefore we saved 2 million lives.
01:04:06.000I think that is scientifically dubious, but coming out against Fauci in a time when people are still worried about COVID and you're saying that you're going to body surf a crowd is just not a good message.
01:04:13.000It's just not like, is that your closing pitch?
01:04:16.000I don't understand how you win an election on that basis, especially because it, again, allows the media to focus in on you rather than focusing in on the absolute incompetence and wild incoherence of Joe Biden and a radical Democratic Party who will do long-term damage to the institutions of the United States.
01:04:32.000Alrighty, so we'll be back here a little bit later today with two additional hours of content.
01:04:35.000Otherwise, we'll see you here tomorrow.
01:05:06.000Democrat senators humiliate themselves at the confirmation hearings for SCOTUS nominee Amy Barrett.
01:05:11.000The CDC finds 85% of people infected by COVID wore their masks always or often, and 56% of Americans feel they're doing better than they were four years ago.