Today on The Ben Shapiro Show: President Trump gears up for his Supreme Court pick, Democrats panic, and Jim Jordan finds himself under the gun. Ben Shapiro: I used to be a worse person than I am now, considering how terrible I am as a human being now, and then she made me a better person. President Trump is about to pick a replacement for Justice Anthony Kennedy on the Supreme Court, and today we're going to get into all of that! Plus, we also want to remind you that you ought to shop with Stamps.com, where you can get FREE postage, a digital scale, and a 4-week trial, and you never have to go to the post office again. Go to stamps.com and use the promo code SHAPIRO at the top of the homepage for that special deal, and to let them know that they sent you! Don t wait, go to Stamps and use that promo code, OK? It includes up to 55 bucks of free postage and a Digital Scale, a 4 week trial. It couldn t be any easier than that! And you can access all the amazing services of the Post Office right from your desk, 24/7 when convenient for you, 24-7 when you don t have to be at your desk. And to let me know that you want to be there! You can use it here at the Daily Wire offices, I use it at my office as well as use that special offer! Thanks for the discount code, "Shapiro" at the website! And to get a discount code! . Shapiro! ! Subscribe to the show: to get 20% off your first month of the month, plus free shipping on all orders of $99, plus a free shipping, and an additional $5 off your purchase when you sign up for the DailyWire VIP membership when you use that discount starts at $99.99, you get an ad-free version of the site! That s 5 stars! and a discount on the website, plus an extra $5 and a FREE shipping when you enter the discount when you become a patron gets the offer starts! you get 5 years of $5 or more than $5, and I get a maximum of $25, and they get a 5-day VIP membership! I ll be able to use the discount on my ad-only offer, plus I ll get $5.
00:00:17.000I know that's almost impossible to believe that I used to be a worse person than I am now, considering how terrible I am as a human being now.
00:00:43.000All of your questions will be answered by our own Andrew Klavan with our host, Alicia Krauss.
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00:02:38.000Who gets to go to the honeymoon suite with President Trump?
00:02:41.000You have to love how President Trump trots this stuff out.
00:02:43.000I do love this sort of showmanship from President Trump.
00:02:46.000I enjoyed it when he did it with Justice Gorsuch.
00:02:49.000I'm enjoying it even more this time because the wails and gnashing of teeth that can be heard in the background are just glorious to behold.
00:02:55.000We'll get into some of those wails and gnashing of teeth in just a second.
00:04:53.000So let's start with Brett Kavanaugh, who's the purported frontrunner.
00:04:56.000So Kavanaugh, again, has a heavy base of support among Bush staffers because he was a Republican operative for a long time before he became this very brilliant judge on the D.C.
00:05:07.000essentially make three claims, joined by maybe a fourth.
00:05:12.000So first, they argue that in a case called Seven Sky, he went out of his way to avoid jurisdiction over Obamacare.
00:05:17.000So Obamacare was sued, the federal government was sued over Obamacare, the case was that Obamacare was unconstitutional, and Kavanaugh looked at that case, and what he said is, I don't have jurisdiction to decide this case, because this case is adjudicated under something called the Anti-Injunction Act.
00:05:33.000The Anti-Injunction Act holds that a tax cannot actually be adjudicated by the D.C.
00:05:39.000So what he said is that Obamacare was not a fine, that when the government threatened to fine you if you didn't buy Obamacare, that was not a fine, that was a tax.
00:05:46.000He was the first person to actually articulate that position, and that position ended up being used by Chief Justice John Roberts in, of course, his famously awful decision in which he suggested that Obamacare was constitutional, that Congress could create a tax, but they couldn't create a specific fine forcing you to buy things.
00:06:21.000Well, that doesn't answer the question of where the judge should be involved and where the judge should not be involved.
00:06:26.000Because, of course, if you were to take these two terms to their logical extreme, then any attempt to overrule any statute at all would amount to judicial activism, and any attempt
00:06:47.000To allow the legislature to go forward on any basis at all would amount to judicial restraint.
00:06:52.000Nobody actually believes in total judicial activism or total judicial restraint.
00:06:55.000The question is, what standard do you use when you are overruling a particular case?
00:06:59.000So I don't like the terms judicial activism and judicial restraint.
00:07:01.000I'm more interested in judicial philosophy.
00:07:10.000So when Kavanaugh's defenders say, well, he was exercising judicial restraint, the question is, well, was he right to do so?
00:07:15.000In that case, I do not think that he was right to do so.
00:07:17.000OK, second area of criticism about Brett Kavanaugh.
00:07:20.000Critics argue that in a case called Priests for Life, Kavanaugh expressed that the government had a compelling government interest in providing contraceptive coverage.
00:07:28.000So in Priests for Life, basically, my understanding is that there was a religious group that was not providing contraceptive coverage to some employee, and Kavanaugh, in his ruling, he dissented from the main ruling, in his dissent, he acknowledged that the government had a compelling government interest in providing contraceptive coverage.
00:07:45.000Now, there's no reason to acknowledge that, because the government does not, in fact, have a compelling government interest.
00:08:10.000Okay, third, critics say that in a case called Garza, Kavanaugh didn't join a dissent that criticized Roe v. Wade.
00:08:15.000This is a case where an illegal immigrant, 17-year-old, came to the United States, she wanted an abortion, and she was not given one by the government.
00:08:21.000The government said, well, you haven't been released, you haven't been remanded into the custody of a relative yet, and we do not have the obligation to make sure you get over to an abortion provider to make sure you get that abortion.
00:08:31.000So Kavanaugh didn't vote that the woman should be able to get an abortion, but in that case, he did not actually criticize Roe v. Wade.
00:08:37.000Instead, what he said is that the government might have some sort of interest in granting her an abortion under Roe v. Wade, but that her status as an illegal immigrant trumped all of that.
00:08:45.000Well, the problem with that, of course, is that Roe v. Wade is a badly decided case, and there was another dissent that criticized Roe v. Wade.
00:08:52.000Finally, Kavanaugh granted standing to an atheist suing the government over the Pledge of Allegiance.
00:10:01.000I was actually very critical of Hardiman.
00:10:03.000I thought that Gorsuch would be a much better pick, and thank God, President Trump made the right call on that.
00:10:07.000There are a bunch of areas in which he is too soft.
00:10:09.000First, there was a case called Prowl, in which Hardiman found that a homosexual, quote-unquote, effeminate man, that was the description in the case, could be discriminated against under Title VII of the Civil Rights Act based on gender stereotyping, despite the fact that this does not reflect the text of Title VII.
00:10:44.000Under Title VII of the Civil Rights Act, I can actually, under Title VII, discriminate against homosexuals.
00:10:50.000Now, there are state laws that prevent, in many cases, discriminating against homosexuals, but Title VII doesn't cover sexual orientation.
00:10:56.000It only says I can't discriminate against Jess because she's a woman, and I can't discriminate against Mathis because he's a man.
00:11:01.000I can discriminate, however, on the basis of sexual orientation.
00:11:04.000Well, in this case, a gay man sued his employer, saying he was being discriminated against not because he was gay, but because he was an effeminate man.
00:11:11.000Okay, and Judge Hardiman found that he expanded Title VII of the Civil Rights Act to cover appearance as an effeminate man in gender stereotyping, which is a pretty radical redefinition of Title VII of the Civil Rights Act.
00:11:23.000Second, in NAACP versus North Hudson Regional Fire and Rescue, Judge Hardiman ruled to strike down a fire department's residency requirement based on a finding of disparate impact.
00:11:32.000So this has always been a weird aspect of the Civil Rights Act, is the disparate impact test.
00:11:36.000Virtually every law has a disparate impact.
00:11:39.000Any law that you pass has a disparate impact.
00:11:40.000If I pass a law against thievery, against stealing, then people who are kleptomaniacs are disproportionately impacted.
00:11:49.000There's a disparate impact on kleptomaniacs.
00:11:51.000If, for example, I were to pass a law that said that
00:11:55.000You're not allowed to buy Manischewitz wine for whatever reason.
00:12:01.000You decide that Manischewitz wine is damaging to the psyche because it tastes like cough syrup, and therefore you ban the sale of Manischewitz wine.
00:12:07.000First of all, unclear that's constitutional, but let's say that it's a perfectly legal law.
00:12:12.000It would have a disparate impact because most of the people who are drinking Manischewitz are old Jews, right?
00:12:15.000So that would have a disparate impact.
00:12:17.000Does that mean that the law is per se illegal?
00:12:19.000You have to show that there is intent behind the law.
00:12:22.000You have to show that the law was designed to have disparate impact, not that the law just had disparate impact.
00:12:27.000Well, in this case, there was a residency requirement for the fire department, and Hardiman said, well, just because there's a residency requirement, that means that not enough black people are getting in, and that means that there's disparate impact.
00:13:00.000You go in the bathroom, brush your teeth, you kind of swish the brush around, you're done.
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00:13:58.000Okay, so back to Thomas Hardiman, who is, again, one of the possibilities for President Trump.
00:14:03.000We've already talked about a couple of the claims against him.
00:14:05.000Third, in a case called Valdiviezo-Goldemez, Hardiman ruled that an illegal immigrant could claim asylum based on targeting by MS-13 in his home country.
00:14:13.000Now, asylum usually means that the government has to be targeting you or that the government is going out of its way not to protect you from criminals.
00:14:20.000So let's say you're targeted by MS-13, you go to the government, you say, I'm being targeted by MS-13, and the government laughs in your face and says, I hope MS-13 gets you.
00:14:27.000Right, then you might be able to claim asylum in the United States.
00:14:29.000But just because you're targeted by a criminal somewhere else on the planet does not mean you get asylum in the United States.
00:14:38.000Fourth, Hardiman is not exactly a critic of so-called Chevron deference.
00:14:42.000Chevron deference is, there's a very famous case called Chevron, in which the Supreme Court held that when an administrative agency decides that, basically, let's say that you have a fight with the EPA, it's an administrative agency, the Environmental Protection Agency, and they've ruled that a pond, your koi pond on your property, is actually a protected federal wetland, and therefore, you cannot actually have those koi in there, they're going to clean out the koi.
00:15:05.000Okay, so you go to the EPA, and you say, that's not right, and they send you to an administrative court, and then the court rules in favor of the EPA.
00:15:11.000So you sue, and you send it to the judiciary.
00:15:13.000Well, normally, the judiciary would be able to look at that case de novo, meaning they'd actually be able to look at that case and say, well, is this right, or is this wrong?
00:15:20.000But, according to Chevron, administrative agencies deserve deference.
00:15:23.000So you ought to allow the EPA to decide its own fate.
00:15:25.000Okay, Chevron deference is really stupid, but Hardiman has not been a critic of Chevron deference.
00:15:31.000Instead, he's basically stood up for it.
00:15:34.000Critics have charged that Hardiman is not textualist enough, that he hasn't focused enough on the words of the Constitution or the law.
00:15:41.000Instead, he focuses on legislative history.
00:15:43.000And finally, Hardiman's critics point to the fact that he's very close with Trump's liberal sister, who sits on the circuit court, and his wife is a prominent Democrat.
00:15:49.000Okay, so Hardiman is by far the weakest of these candidates.
00:15:52.000Okay, the other two are Barrett and Kethledge.
00:15:53.000So, Amy Coney Barrett, who again sits on the Seventh Circuit Court of Appeals, she
00:16:00.000There's not a lot to criticize her about because her record isn't very long.
00:16:03.000She only joined the 7th Circuit Court of Appeals last year, so she hasn't been there for very long.
00:16:07.000Otherwise, she's very originalist from her writing.
00:16:11.000She obviously doesn't like Roe v. Wade very much.
00:16:12.000She obviously is not a fan of government interventionism, so she's my first pick.
00:16:16.000And then there's Judge Raymond Kethledge.
00:16:18.000There are a bunch of people on the right who have been criticizing Kethledge, saying that Kethledge is not anti-illegal immigration enough.
00:17:41.000That judicial decision is wrong, and it's stupid, and it's badly argued, and it's badly written.
00:17:46.000It's wrong on virtually every score, but this just demonstrates what the left thinks the judiciary is there to do, which is impose their policy preferences from above.
00:17:53.000So the NARAL president, the National Abortion Rights Action League, they changed their name because they didn't like to have the name abortion in there, so they just called themselves NARAL now as though it has no meaning.
00:18:00.000The NARAL president, Elise Hogue, she was on Fox News Sunday, and she says that from any judge who is asked to be on the Supreme Court, we want an affirmative declaration that Roe v. Wade is going to be upheld.
00:18:11.000We need an affirmative declaration, right?
00:18:13.000We need, and I think even Susan Collins said this when she said she needs to see a nominee demonstrate their commitment to upholding Roe vs. Wade and keeping abortion legal.
00:18:24.000What the hell does that have to do with the Constitution?
00:18:27.000The left doesn't care about the Constitution.
00:18:29.000However, the left believes that the Constitution is merely an impediment to their policy goals.
00:18:34.000And it is amazing to me that people on the right will say, we don't need a litmus test for judges.
00:18:38.000We shouldn't have a litmus test for judges.
00:18:39.000No, I think we should have a litmus test.
00:18:41.000I think the litmus test on the right should be, will you vote to overturn Roe v. Wade?
00:18:45.000Like, if we were actually honest about this stuff, we would just ask judges this stuff, and judges would answer honestly.
00:18:50.000But we can't do that anymore ever since Justice Bork.
00:18:52.000So instead, we have stealth candidates where we ask them about Roe v. Wade, and they say, well, I'd have to see the facts of the case in front of me.
00:18:57.000Roe v. Wade obviously is binding precedent.
00:19:00.000They're all going to say the same thing, because precedent is a fudge word.
00:19:03.000When people say they're going to abide by precedent, what they really mean is, I'm going to abide by the cases that are on the books until I don't want them to be on the books anymore.
00:19:10.000So at one point, Bowers v. Hardwick, which said that states could ban sodomy, that was on the books.
00:19:17.000That was overturned by the Supreme Court in Lawrence v. Texas.
00:19:20.000At one point, Plessy v. Ferguson, which said segregation was legal, that was overturned.
00:19:24.000That was on the books for 58 years in the United States before it was overturned.
00:19:29.000So, you know, when people suggest that precedent is the be-all end-all, what they really mean is, cases I like I want upheld, and cases I don't like I want overturned.
00:19:37.000Constitutional interpretation, at least on hot-button issues like abortion, is actually not all that difficult.
00:19:41.000People deliberately obscure the questions so they can get to their preferred policy recommendations.
00:19:46.000Now, the left has moved extraordinarily radical on abortion.
00:19:49.000They now see abortion not just as something they want protected, but as a sacrament itself.
00:19:54.000And they're proving how foolish they are every single day.
00:19:56.000So there was a bizarre demonstration yesterday.
00:20:00.000We're so concerned with owning the cons and owning the libs these days that people are willing to do the stupidest possible things.
00:20:05.000So a bunch of women decided to go out and dress themselves in Handmaid's Tale's outfits because they went and they got like red habits.
00:20:12.000They got like red robes and the white potato chip hats and all the rest of this.
00:20:18.000And they're wandering around Arizona in the 110 degree weather.
00:20:21.000In order to own the cons or something.
00:20:23.000So here they were walking around and jabbering about Roe v. Wade.
00:20:28.000You can see them here saying, it says, keep your theology off our biology.
00:20:36.000Okay, keep your theology, and then there's pictures of abortion hangers and all these women who are walking around in 110 degree weather as though they are going to be made handmaidens if they can't kill the babies inside their womb.
00:20:50.000of the stupidity of the left on this issue comes courtesy of Michelle Wolf, who is just an awful human being.
00:20:54.000So Michelle Wolf, you'll recall from being terrible at comedy and also being on the White House Correspondents Dinner where she yelled about her vagina or some such, she decided that in honor of the 4th of July, the most American thing she could think of was killing your baby in the womb and cutting its brain out.
00:21:10.000So here she is doing her 4th of July special in which she does a full-on, star-spangled tribute to killing your baby in the womb.
00:21:20.000I have the power to give life and then we'll try to control that!
00:21:30.000God bless abortions and God bless America.
00:21:43.000Abortion is a sign of decency on the left.
00:21:46.000This is why they are so concerned that Roe v. Wade is going to be overturned.
00:21:48.000Not because Roe v. Wade being overturned will actually amount to the illegalization of abortion.
00:21:53.000But simply because they're afraid that people might actually want to vote on the issue of whether you ought to kill your baby in the womb.
00:21:58.000And they can't win this argument because this argument is unwinnable.
00:22:01.000People should not be allowed to kill babies in the womb.
00:22:04.000Even most Democrats believe that there should be significant restrictions on the ability to kill a baby in the womb.
00:22:09.000They may not agree on how early you ban that, but most of them agree that 20 weeks and on, that should be banned.
00:22:15.000So Michelle Wolf, this radicalism is really insane.
00:22:18.000It shows why they're so concerned with the
00:22:22.000Okay, so I want to talk about the conservative sort of response to some of the Supreme Court stuff, particularly Roe v. Wade in just a second.
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00:24:05.000Because killing a baby in the womb is a sign of womanhood.
00:24:07.000It's a sign that you are truly a woman in charge of your own life.
00:24:11.000If you have not actually killed a baby in your womb, that means that you are subjecting yourself to the hierarchical preferences of evil masculinity.
00:24:19.000But if you kill a baby in the womb, that shows that you've stood up to the man.
00:24:21.000Sure, you might have killed a baby in the process, but at least you stood up to the man.
00:24:25.000This is the perspective of someone on the left.
00:24:26.000Now, the pro-life issue is one on which the right can win, and should win, because this is an issue that is as vital morally as any issue the United States has ever faced, up to and including slavery.
00:24:37.000The murder of a million babies a year in the womb is a serious moral issue.
00:24:42.000And if you don't think it's a serious moral issue, it's because you haven't looked at it hard enough.
00:24:45.000But folks on the right tend to shy away from this, and it's a serious problem.
00:24:48.000So Leonard Leo, who's one of the fellows who's helping Trump select the next Supreme Court Justice, he was on Sunday, he was on this week on ABC, and he said that rumors of Roe being overturned, that's greatly exaggerated.
00:25:00.000Why is it always the job of the right to quell rumors about Roe being overturned?
00:26:09.000Tomi Lahren, who, you know, I've refrained from criticizing generally because, you know, Tomi does what Tomi does, but Tomi Lahren has now made the case that we should never speak about abortion.
00:26:19.000This is, of course, because she is pro-choice.
00:28:33.000This seems to be the last refuge of people who can't make a good argument nowadays, is that you make an argument and then they say, you're not going to box me in with your standards.
00:28:46.000I've heard the same from several relatively major figures in the past several weeks, that if I say that I don't like something that you've said, that suddenly I'm trying to provoke you into moving your position.
00:28:58.000No, I'm trying to present a differing position.
00:29:27.000I just, I think that's completely nonsensical on virtually every level.
00:29:31.000Okay, meanwhile, I don't want to, you know, center on my criticism for folks on the right, because the reality is that folks on the left continue to be more and more extreme in every possible way.
00:29:41.000Over the weekend, there's more sort of extreme behavior from folks on the left.
00:29:46.000The point is, I don't think that we ought to surrender our principles simply because the left is really militant on issues like abortion.
00:29:52.000More militant, at least in our in our pursuit of the right principles.
00:29:56.000I don't mean more militant like physically, but I do mean that we ought to stand up strongly and proudly for the positions in which we believe, particularly when they happen to be purely moral as in protection of human life.
00:30:04.000We're going to talk about the extremism of the left in just a second because there are more incidents
00:30:08.000Of Trump administration officials being targeted by folks on the left over the weekend.
00:30:12.000First, however, you're going to have to go over to dailywire.com and check it out.
00:30:15.000So when you go over to Daily Wire, then you get the rest of the show live.
00:30:18.000You get the rest of the Michael Knowles show live, the rest of the Andrew Klavan show live.
00:30:21.000You get to be part of our mailbag on Friday.
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00:30:25.000When there's an episode of The Conversation, as there will be July 17th with Andrew Klavan next week, then you get to ask questions if you are a subscriber.
00:30:31.000Plus, when you go to dailywire.com slash events and you decide that you want to buy tickets to our Dallas or Phoenix events coming up in August,
00:30:38.000When you do all of that, then one of the things that you get is the ability to buy VIP tickets before anybody else when you're a member.
00:31:41.000Incident happened over the weekend, so apparently Stephen Miller, who's sort of the president's immigration guru, former Jeff Sessions acolyte, he apparently ordered 80 bucks of takeout sushi, this is according to the Washington Post, from a restaurant near his apartment.
00:31:53.000A bartender followed him into the street and shouted, Stephen!
00:31:56.000When Miller turned around, the bartender raised both middle fingers and cursed at him, according to an account Miller has shared with White House colleagues.
00:32:02.000Outraged, Miller threw the sushi away, he later told colleagues.
00:32:05.000I'm not sure why you would throw away the sushi.
00:32:07.000The sushi's probably still pretty good.
00:32:08.000It seems like a waste of perfectly good sushi.
00:32:10.000Give it to a homeless person or something if you're not going to eat it.
00:32:11.000But in any case, this just demonstrates the vile behavior that too many on the right are experiencing.
00:32:16.000Mitch McConnell was confronted on the street over the weekend, and people were telling him that they knew where he lived, to which Cocaine Mitch responded,
00:33:11.000Okay, so screaming at people that you know where they live is always a really delightful mode of political expression.
00:33:17.000As someone who's received a number of death threats and who has a shotgun for precisely this purpose, I promise you that Mitch McConnell is not all that worried about people knowing where he lives.
00:33:24.000Again, but the extremism of folks on the left who feel the need to do this is pretty astonishing.
00:33:29.000The same thing happened to Steve Bannon now.
00:33:30.000As you know, Steve Bannon, former White House chief strategist, Sloppy Steve, as the president so memorably named him, I am not a fan of Sloppy Steve.
00:33:37.000I've been a not-fan of Sloppy Steve for many years.
00:33:39.000In fact, I was one of the first not-fans of Sloppy Steve.
00:33:43.000In the pages of the Washington Post, I talked about the shortcomings of Sloppy Steve as a human being.
00:33:47.000When I quit Breitbart News, I talked about how Sloppy Steve was not a great person, to say the least.
00:33:52.000But Sloppy Steve still has a right to go to a bookstore.
00:33:55.000Steve Bannon still has a right to go to a bookstore.
00:33:56.000Dude's an inveterate reader, and he likes going to bookstores.
00:33:59.000So he went to a bookstore, apparently,
00:35:00.000If you are a store owner, if I own a restaurant and randos keep invading my restaurant and yelling at the customers, I'm going to call the cops because I run a restaurant.
00:35:08.000But this, according to the left, is not acceptable in any way.
00:35:11.000So you have this guy, Raphael Shimonov, who is a techie political artist who apparently started going through the history of the bookstore owner and goes after the guy's wife because his wife was, I guess, a national Episcopal treasurer.
00:35:25.000And then there's a correspondent for Raw Story who said that Nick Cook won't tolerate anyone calling out white supremacy even after the fatal alt-right march in Charlottesville.
00:35:33.000He wants everyone to know his store is a safe place for fascism.
00:35:37.000Or maybe his store is just a safe place for his customers.
00:35:54.000The best was Philip Raines, who's just a garbage human being.
00:35:57.000So Philip Raines is a former Hillary Clinton advisor and staffer, very longtime staffer, was with her at the State Department, and goes back with her probably 20 years.
00:36:05.000Well, he tweeted out the store's address, phone number, and email address, and then he told The Daily Caller, you have some very fine people on both sides.
00:36:11.000Which is, of course, a reference to Charlottesville.
00:36:46.000And it should drive people into Donald Trump's camp, because the extremism of the left is making it unpalatable for people in the center to vote for them.
00:36:53.000And it's not just these fringe political actors who are now being egged on by the likes of Maxine Waters.
00:36:58.000They're mainstream political Democrats who are saying things that are fully insane.
00:37:01.000So Dick Durbin, who is a senator from Illinois, he just said that detained children in the United States, these detained migrant kids who are coming across the border with their illegal immigrant parents and now are being detained because we can't just release them into the public.
00:37:20.000Well, now Dick Durbin is comparing those kids who by law have to be separated from their parents or could be kept with their parents in detention because their parents are illegal immigrants.
00:37:29.000Now, Dick Durbin is comparing those kids to these Thai kids who are stuck in a cave.
00:38:04.000Hearts and prayers are with those boys in Thailand trapped in that cave.
00:38:09.000I hope our hearts and prayers are also with thousands of children, toddlers and infants removed from their parents by the Trump administration under zero tolerance.
00:38:17.000They're trapped in a bureaucratic cave too.
00:38:52.000But Representative Jordan is now being accused of covering up the team doctor at Ohio State University
00:38:59.000who was apparently, basically, fondling, examining the men.
00:39:04.000So it was a team doctor who was sexually harassing the men on the wrestling team.
00:39:08.000And Jim Jordan was then a 21-year-old coach.
00:39:11.000He was like first year out of college, and he was, I guess, training for the Olympic wrestling team.
00:39:15.000And the accusation is that he knew that this team doctor was basically harassing the men, and he did nothing about it, and that he is therefore a sort of Penn State type.
00:39:24.000So here is Jim Jordan's response to exactly those reports.
00:39:27.000I mean, I never saw, never heard of, never was told about any type of abuse.
00:39:32.000If I had been, I would have dealt with it.
00:39:34.000Our coaching staff, we would have dealt with.
00:40:06.000He said he never discussed the issue directly with Jordan one-on-one and did not know whether anyone made a formal report, but he said Jordan was present during group conversations in the locker room about Strauss' behavior.
00:40:14.000We talked about it all the time in the locker room while Jordan was there.
00:40:16.000He said everybody joked about it and talked about it all the time.
00:40:20.000And Jordan said, well, conversations in a locker room are a lot different than people coming up and talking about abuse.
00:40:24.000And people are getting on his case for all of this now.
00:40:27.000I've talked with somebody who was at OSU while this was happening, who was actually a member of the wrestling team during this period.
00:40:33.000And what he told me is that everybody who was on the OSU wrestling team knew that the doctor was weird, but they also figured that the doctor was the doctor, that the university had put him in place because they wanted him there to preside over thousands, presumably, of young people to do checks.
00:40:47.000He said that this doctor was apparently the sort of person who you'd come in with a cough and they'd immediately want to check you for a hernia.
00:41:09.000And I don't want to pretend that males and females are exactly the same, okay?
00:41:12.000Because I don't think they're exactly the same when it comes to matters like this.
00:41:14.000The chances that a male who is severely sexually abused at age 19 by a coach, by a team doctor, wouldn't go to one of the coaches and say something or punch the doctor when this happened.
00:41:28.000You know, the fact that they're joking around in the locker room, and Jordan was there while they're joking around in the locker room, I don't think is exactly the same thing as somebody filing a formal report.
00:41:34.000So at Penn State, there were actual formal reports filed, and the accusation was that members of the Penn State administration basically ignored these formal reports, knowing what was going on.
00:41:44.000Also, the accusation is that this was happening to 7-year-old kids, not to 20-year-old men.
00:41:48.000But if this was just a bunch of guys in the locker room joking around about a doctor so-and-so, what a weirdo he is.
00:42:25.000Presumably we'll get all the information, but people who are suggesting that locker room joking is exactly the same thing as filing a formal report has never met either a teenage guy or is being disingenuous, I think.
00:42:37.000And even the reports from the Washington Post, there's people saying, well, Jordan had to have known this was happening.
00:42:41.000First of all, had to have known is vague.
00:42:45.000Because I assume that Jordan wasn't an expert in medical procedure, so maybe he just figured, okay, the doctor's a little weird, but he's doing his job.
00:42:53.000Like, again, if you're in a position of responsibility and someone went and reported to him that he'd been sexually abused by the team doctor and he did nothing, that is a real problem.
00:43:00.000If it was a bunch of guys sitting around the locker room going, God, that Richard Strauss guy, what a weirdo he is.
00:43:04.000That guy, he's always finding some excuse to touch me.
00:43:53.000The premise of the book is it takes place in 1938 and it's an alternate history in which basically mysticism is real, that psychics are real, mediums are real, there is in fact a spirit world and somehow people on earth have found a way to get in touch with the spirit world.
00:44:08.000So when people die you can just talk to them on the other side and the people on the other side live in a place called Summerland, hence the title of the book, and Summerland is basically
00:44:49.000The Sports Commentator is now at Fox Sports 1, and he was basically thrown off of ESPN, as I recall, because he made the comment that religious people might not be in favor of same-sex marriage, and this is not allowed at ESPN.
00:45:01.000You're not allowed to say this at ESPN.
00:45:02.000You have to be like Jimmy Carter and say, Jesus was totally into same-sex marriage.
00:45:06.000If you say that the Old and New Testaments are not particularly pro-homosexual activity, then you get thrown off of ESPN.
00:45:11.000Well, now Chris Broussard is over at Fox Sports 1, and he was asked about being woke, and he made this comment, which is just spectacular.
00:45:22.000The most revolutionary thing a black man can do in 2018 in America is partner with a wife and raise strong, intelligent black kids that are committed to the upliftment of black people and have an appreciation for their race.
00:45:38.000Okay, what he said right there is exactly right.
00:45:40.000Being woke is not tied to how much you hate the system.
00:45:43.000Being woke is make all the right decisions in your life, raise your kids right so that they live better lives than you do, and also fight the elements of the system that you think are wrong.
00:45:51.000Now, the fact this is even mildly controversial is astonishing, but Broussard is exactly right.
00:45:56.000There's nothing you can do that is better for the world than raising your children correctly.
00:45:59.000That is the best thing you can do for the world.
00:46:22.000So, Mayor Bill de Blasio, according to the New York Post, his wife, Shalane McRae, and their two kids spent a couple of days at Bernie Sanders' summer home on Lake Champlain in Vermont.
00:46:31.000Photos show the progressive politicians and their families at Sanders' four-bedroom retreat in North Hero.
00:46:36.000Sanders, his unruly crop of gray hair covered by a white cap, is sitting shirtless in a lawn next to his wife, Jane.
00:46:42.000Well, McCrae relaxes, just steps away to their right.
00:46:45.000So this is all, you know, it's all fabulous.
00:46:48.000This is the beauty of socialism here in the United States.
00:46:50.000Socialism means that you get to sit on the banks of the River Champlain shirtless, wearing a white cap, looking like a refugee from Weekend at Bernie's, but actually at a Weekend at Bernie's.
00:47:12.000Apparently, there's a group of lesbians who decided that they were going to lie down and stall a transgender parade, the London Pride Parade on Saturday.
00:47:21.000So a group of eight women stormed the parade route, according to the Gay Star News, and unfurled banners reading, Transactivism erases lesbians and lesbian equals female homosexual.
00:47:30.000And apparently the protesters stalled the parade for around 10 minutes, and as they were carted off, one could be heard screaming, a man who says he's a lesbian is a rapist.
00:47:37.000Saying that if a man says that he is a woman, that is not true.
00:47:40.000And a woman having sex with a man, even if he says he is a woman, is still having heterosexual sex with a man.
00:47:46.000One of the great ironic elements of the LGBT movement is that the T totally overrides the L and the G.
00:47:52.000That if you are, that transgenderism makes the argument that gender is entirely a social construct.
00:47:56.000Lesbianism and homosexuality, male homosexuality, make the argument that not only is gender not a social construct, a preference for one gender above the other is in fact biologically ingrained.
00:48:09.000Then that is because it is biologically ingrained in you.
00:48:11.000But, transgenderism argues that you can't biologically prefer a male because male- male-dom itself is a biological and sociological construct.
00:48:24.000Then they went ahead and apologized for all of this, right?
00:48:27.000They said that this is- this is something that we- we're not, you know, we're sorry this happened.
00:48:31.000But one of these activists told the media, we don't want any kind of penis in our bedroom.
00:48:34.000I'm really sad I have to reassert this again.
00:48:36.000This seems relatively self-evident if you're a lesbian that this is something that you don't want in your bedroom, but it is hilarious to watch as the left twists itself in knots to avoid the obvious implications of the movements that it supports and are in conflict with one another.
00:48:48.000Okay, time for a couple of things that I hate.
00:49:12.000Kim Jong-un is a mass murderer who shoots people with anti-aircraft guns and poisons them with weapons of mass destruction in public places.
00:49:18.000Kim Jong-un is one of the worst people on planet Earth.
00:49:40.000A handshake with Kim Jong-un at least seemed certain.
00:49:42.000In the end, Pompeo stayed in neither of the hotels where he thought he'd be.
00:49:45.000The North Koreans took him, his staff, and the six journalists traveling with the delegation to a gated guesthouse on the outskirts of the capital, just behind the mausoleum where the bodies of regime founder Kim Il-sung and Kim Jong-il lie embalmed and on occasion display.
00:49:58.000Also, it turns out that they're saying now that the United States lied about the denuclearization
00:50:18.000Argument that they were not actually going to denuclearize in the first place and that Trump lied about it And this has led President Trump to tweet out and I am not kidding This is a thing that the president of the United States tweeted out quote I have confidence that Kim Jong-un will honor the contract we signed and even more importantly our handshake
00:51:41.000One, the Chinese could be pulling the North Koreans back because they're angry at the United States for its tariffs, which is, you know, again, not a reason to pull back from the tariffs if they're for actual national security purposes and not just because Trump wants a trade war and thinks about trade deficits too much because trade deficits are stupid.
00:51:55.000But it could also be that the North Koreans never intended on fulfilling any of these promises, which is why none of them were on the paper.
00:52:00.000We read the entire agreement word for word when it came out.
00:52:06.000All of this was, it seems to me, a foolish enterprise if the president actually believed he was going to make a handshake deal with one of the worst dictators on planet Earth.
00:52:15.000So we are all the way up to Federalist number 36.
00:52:17.000We are making steady progress through the Federalist papers.
00:52:19.000Alexander Hamilton writes this one too.
00:52:20.000This is in a series of six or seven papers in which Alexander Hamilton makes the case for why federal taxation power should be less limited than a lot of people were arguing.
00:52:30.000He argues that the states shouldn't worry that the federal government is going to basically take all the tax revenue.
00:52:34.000He says there won't be double taxation.
00:52:36.000I think this is the weakest part of the Federalist Papers.
00:52:37.000I think that Alexander Hamilton radically underestimated the desire of the federal government to tax.
00:52:42.000So he says, many specters have been raised out of this power of internal taxation to excite the apprehensions of the people.
00:52:47.000Double sets of revenue officers, the duplication of their burdens by double taxations, and the frightful forms of odious and oppressive poll taxes have been played off with all the ingenuous dexterity of political leisure domain.
00:52:57.000He says everybody's lying when they worry about double taxation.
00:53:00.000I can guarantee you that Alexander Hamilton was wrong about this.
00:53:02.000We get double taxed in California like nobody's business.
00:53:04.000And we have two separate sets of people who are actually enforcing the taxes in the United States.
00:53:09.000We have state tax officers and we have federal tax officers.
00:53:37.000The arguments that Hamilton was making with regard to the taxing power seems a little bit short-sighted.
00:53:44.000It seemed like he was trying to get something through.
00:53:47.000It was 1913, rather, the 16th Amendment.
00:53:50.000But his argument in Federalist 36 is not his strongest argument.
00:53:53.000He says that state tax officers will end up collecting additional taxes for the federal government and that the states won't be adversarial to the feds because the feds are picking up their debts.
00:54:00.000That was the one area where he was right.
00:54:01.000The states, it turns out, don't care that much all about the federal tax burden.
00:54:05.000Because they'll just raise taxes willy-nilly anyway, as we have learned in California.
00:54:10.000At this time tomorrow, we will know the Supreme Court pick by the President of the United States, and we will have all the information on it then.
00:54:16.000And I'm sure the firefight will begin, so be there or be square.