Trump announces Brett Kavanaugh as his Supreme Court nominee to replace Justice Anthony Kennedy. The president said he looked for a judge who was able to set aside their political views and apply the Constitution as written. Democrats will now have a chance to question him for a week.
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00:22:29.540And I think he's got a lot of signs of being that guy.
00:22:32.640It's very difficult to predict how someone will behave in a position like that until they're given that immense power.
00:22:39.140I think, assuming he's confirmed, I think we'll know within a year or two, just as we know a lot about Justice Gorsuch now that he is Justice Gorsuch, much more so than we did after he had been on the U.S. Court of Appeals for the Tenth Circuit for a decade.
00:22:54.960But, look, Judge Kavanaugh is a well-reviewed jurist, and he's one who deservedly received bipartisan support when he got confirmed to the D.C. Circuit 12 years ago.
00:23:05.460So I know him by reputation to be a smart and a fair judge and, frankly, one of the most admired appellate judges in the country.
00:23:14.060So I'm looking forward to the process, getting to know Judge Kavanaugh and his family a little bit better in the next few months.
00:23:20.680Have you met him before? Do you know him?
00:23:22.920Yes. I've met him on a handful of occasions, and I've known people who have clerked for him, who think the world of him, and who regard him as a textualist originalist.
00:23:36.740So, Mike, you're a guy who has known a lot of the Supreme Court justices, and you've spent time talking to them beyond just legal stuff.
00:23:49.680What is it like to become a Supreme Court justice, and how badly does that play in your head unless you're rock solid on the Constitution, on, look, I want to make sure that our legacy or my legacy, how much of that plays a role early on?
00:24:17.260And, look, I don't always quote Rush lyrics on national radio interviews, but if you choose not to decide, you still have made a choice.
00:24:26.380If you go into a position like this, especially like being on the Supreme Court of the United States, where you have the opportunity to wield tremendous power, and where, in fact, you become more powerful if and precisely because you decide to expand your role a little more than you should under the Constitution,
00:24:45.180if you walk into this without having decided in advance that you're not going to do that, you're going to do that.
00:24:51.300And so my hope is that what we will discover in the coming weeks, months, and if he's confirmed, in the coming year or two,
00:24:58.060is that Brett Kavanaugh is someone who has already made that choice, who has already decided, I'm not going to do that.
00:25:03.920I'm not going to be that kind of justice.
00:25:06.260Mike, talking to Senator Mike Lee, when did it change when, you know, I think it was Ginsburg that had 98 to 2, and Scalia was 98 to 0.
00:25:21.120When did it change from advise and consent to we're going full battle?
00:25:28.060You know, in my lifetime, I think it started to change with Robert Bork, who, of course, was about six years before Ruth Bader Ginsburg.
00:25:39.020But that's when it became really, really contentious, and the Democrats decided to take him down, and they did, in fact, take him down.
00:25:49.280Since then, this has become a tug of war, and it has become a lot more politically charged.
00:25:54.620I learned recently that in previous decades, in fact, throughout most of the history of the Republic, Supreme Court nominations were not predicted to be these big partisan contentious events.
00:26:08.660In fact, they often were confirmed by voice vote, meaning that there was no roll call taken because most or nearly all of the members were satisfied with whomever the president picked.
00:26:20.380And so, over the last four decades or so, the Supreme Court has become a lot more contentious, in part because it's taken on a much more decidedly political role.
00:26:33.960And I think that's been to the detriment of our system.
00:26:36.180So, if we had, Ted Cruz said last week, you know, I don't want a conservative, I want a constitutionalist.
00:26:42.500If we had the constitutionalist up there, the Supreme Court would go back to being something that wasn't so consequential,
00:26:51.960because everybody in Congress would pretty much know what the Constitution says.
00:26:58.580It would force them to actually look at the Constitution and not hope that they could just get some judge at a lower level to pass it on to the Supreme Court and cross your fingers and hope that they'll say, yeah, I like that.
00:27:14.200This would become much more of a functional role, much more of the role of an umpire, someone who calls the balls on the strikes as they see them.
00:27:22.540There was an early Chief Justice, I think it was John Jay, who, upon leaving the court, commented that he thought he was destined to be sort of a lackluster entity within our system of government.
00:27:37.300At the time, it's understandable why he might have said that.
00:27:41.780At the time, the federal government occupied a relatively small footprint on American society.
00:27:47.580And at the time, even within that footprint of the federal government, the Supreme Court's role was relatively limited.
00:27:54.340The role of the federal government has expanded.
00:27:56.960The role of the court has expanded to an even greater degree, comparatively speaking.
00:28:03.560So that's one of the reasons why it's become so contentious.
00:28:07.420If we keep judges to judging, things will work much better, and we can have the hot-button political issues decided by elected representatives,
00:28:14.600rather than by people wearing robes who serve with lifetime tenure.
00:28:19.940And Mike, do you get the sense, and maybe it's too early for this, but do you get the sense he'll be able to be confirmed,
00:28:26.680or is there going to be too much opposition from Democrats?
00:28:31.980No, look, I think he will be confirmed.
00:28:33.900But, barring something that we don't see right now, I think he's going to be able to get Republicans to vote for him,
00:28:41.920and perhaps one or two or three, who knows, maybe even a few more Democrats.
00:28:47.900But if all the Republicans stick together, he will be confirmed.
00:28:51.020But there's a couple that I'm thinking of, both in the cold north, that may not agree with that plan.
00:29:02.960Are you comfortable that this guy can get past those two?
00:34:27.240So Simply Safe didn't want to settle for what everybody else does.
00:34:30.700So what they did is they constructed a glass break test facility.
00:34:34.780They ran over 10,000 live glass break situations and kept refining the technology over and over and over again
00:34:42.520until it could distinguish between a broken plate in your kitchen and a broken window in your kitchen.
00:34:49.840This is the kind of level of detail that Simply Safe puts into absolutely everything they do.
00:34:55.280It's why they are just taking over this category.
00:34:59.140It's why they have all an A-plus rating with the BBB, and yet security companies generally are one of the top 10 worst performers with complaints.
00:46:58.060That was his key logic in saying that Obamacare was worth upholding.
00:47:01.800So Kavanaugh, in his attempt to avoid ruling on the case utterly, in his attempt to dissent from greenlighting the case,
00:47:10.260in fact, ended up providing the logic to Roberts.
00:47:12.800So his defenders say, well, that was just Kavanaugh trying to be judicially minimalist and restrained by not reaching the merits of the case he didn't think he had jurisdiction over.
00:47:20.660So he didn't vote the wrong way on the case.
00:47:22.140The vote itself, if you saw just dissent by Kavanaugh, you think, okay, well, then he probably voted the right way.
00:47:26.620But the content of the dissent was tailored in this very clever legal fashion in order to avoid responsibility for having to vote on the thing.
00:47:35.100So this is why I say that I think he's closer to Roberts than Alito.
00:47:39.920I hope he's closer to Alito than Roberts, but I don't think that he's Kennedy.
00:47:43.880So he's been around all of the politicians.
00:47:48.200And if he were trying to make sure that he had the opportunity to be on the Supreme Court, wouldn't it make sense to rule the way he has and just been very, very narrow?
00:48:04.560I mean, is it too much to think that, you know, he was just being a very good politician on this?
00:48:11.240And now that he, because he didn't have the jurisdiction, now that he would have the jurisdiction, those things would play through.
00:48:19.660Yeah, I mean, that's the hope and that's also the risk, right?
00:48:22.000The way you get on the Supreme Court these days is by being non-controversial and writing bland opinions and by ensuring that you can get through a confirmation hearing without having to answer any tough questions.
00:48:31.340And that's going to make people on the right hope that secretly, deep down, Kavanaugh's going to get up there and start busting up the windows.
00:48:40.460But I don't think that, but on the left, you're at the same time thinking, well, maybe the reason that he's been so restrained is because once he gets here, he's actually going to unleash the full force of his opinions and he's going to tend toward the left.
00:48:50.120So I'm not a big fan of stealth candidates.
00:48:51.900I like candidates where I know going in what they think.
00:48:54.280I think that the right should have a witness test on legal issues.
00:48:56.540I don't think we should be nominating people who we don't know are going to overturn Roe v. Wade.
00:49:00.900I think the left has its own witness test.
00:49:44.560They've made him into the biggest evil character in America today that I think was ABC said could be responsible for, what was it, killing millions?
00:50:02.120There are people who are saying that he was.
00:50:03.860I'm saying it was Justin Miller, one of these reporters at Daily Beast, I think, who is suggesting that he could be responsible for the banning of contraceptives in America.
00:50:10.680The guy wrote an opinion in which he said, in the opinion, it was a compelling government interest for the government to provide contraceptives.
00:50:17.460The level of absurdity to which the left has sunk is so extraordinary at this point.
00:50:22.460This is why I say Trump should have just gone for it.
00:50:24.380If they're going to think of this level of absurdity, then you may as well just go for the person you know is going to vote your way 100% of the time.
00:50:34.860They're going to put themselves up for a sale.
00:50:36.480Ben, a little disappointed, and I think if they do reject, because I'm for Barrett, I know you were for Barrett, but if the Democrats and the Republicans reject this candidate because he's too radical, I think we should go right to you.
00:50:54.200I think you should be dominated because it would set the precedence of don't screw with me.
00:52:07.520I think everyone should, we should all just gather together and go, okay, well, if it's not him, Ben Shapiro, that will scare the living daylights out of it.
00:52:16.960Because Ben Shapiro could run circles around any of them in a hearing.
00:54:58.440You know, I think everybody should have a right to get married, regardless of their sex.
00:55:04.440And the only thing I would draw a line on, I wouldn't be in favor of the government being able to force a local church congregation to perform gay marriages if they didn't want to.
00:55:14.200But those two partners should be able to go to the local courthouse or to a different church and get married.
00:55:23.960You know, and this has been a long-time problem of mine.
00:55:26.360I have a hard time believing that Jesus, for instance, would approve abortions unless it was because of rape or incest or if the mother's life was in danger.
00:56:26.860You know, but before he started in on what Jesus would do, you know, his take on should a gay couple be able to get married, I'm with him.
00:56:37.360Yes, just the government needs to get out of all marriages.
00:56:42.480We need to reduce the federal and governmental involvement in our lives.
00:56:49.520So I don't care what you do in your own life.
00:56:52.420The government has no place in my marriage.
00:56:55.480It surely shouldn't have anything to do with yours.
00:56:58.520And as long as my church isn't forced to perform the marriages or, you know, a gay church that doesn't want to marry, I don't know, you know, heterosexual people, they shouldn't be forced.
00:57:11.460Or a baker that doesn't want to make a cake for one and participate in the ceremony shouldn't have to.
00:57:16.940Yeah, it's called right of conscience.
00:57:19.620And what I think Jesus would be upset about is a government saying you have to say certain things.
00:57:27.400Otherwise, we'll have the mob crucify you.
00:57:30.700We're so weird with real estate agents because we will look for someone maybe we saw on a bench ad or on a billboard or someone that you're,
00:57:42.080spouse goes to the gym with and they kind of know them.
00:57:45.860You know, that's not really a way to find a real estate agent.
00:59:47.360I started off as a Navy cook and then jumped ship and went to Army Explosive Ordnance Disposal and became the military's bomb squad.
00:59:56.180And in 2011, I was on my third deployment, second time to Afghanistan, when December, I was working on an IED and I had it dismantled and I was just collecting evidence and disposing of the bulk explosive.
01:00:14.640When a secondary device detonated that hadn't yet been detected and then took my eyesight, cracked my skull in a few places and left me with limited hearing.
01:01:00.840And I was having a great time touring around Europe in my free time and cruising the Mediterranean on the flagship while cooking, you know, some great food.
01:01:12.440But, uh, as both wars were in full swing, I just felt a calling to, to do something a little more direct, a little more, uh, you know, to, to, you know, utilize my skills in, in other ways.
01:01:27.800So I met some explosive ordnance disposal guys.
01:01:31.020They, they told me all about the, uh, the field, uh, the, the, the type brotherhood, the technical aspect.
01:01:37.980And, and it was, I was hooked from the get go.
01:01:40.980And Mikayla, were you two married at the time?
01:02:13.640And this left him completely deaf on top of being 100% blind.
01:02:19.520So we were in the hospital for a long time and they wanted to make sure that the bacteria was gone before they would even try to put a cochlear implant in.
01:02:28.600And the first cochlear implant failed.
01:02:30.720So Aaron was left without hearing or eyesight.
01:02:33.540So we came up with this, um, way of communicating where I would write letter by letter into the palm of his hand.
01:02:40.920So if you can imagine how time consuming it would be to just transcribe an email, um, but we would just write in all capital letters on the palm of his hand to spell out whatever we wanted to say.
01:02:51.380And it really just started out in the hospital.
01:02:58.140And, um, and then it went into full blown way of communicating for about six months before maybe a year before the cochlear implant worked.
01:03:07.720The first one they did didn't work at all.
01:03:28.180So it's, yeah, it's described as a wall of sound that you can't, the background is indistinguishable from the main source.
01:03:35.920Um, so then when did you guys start making your own fudge of chocolate?
01:03:41.060This, I will tell you for about a month now, everybody in this building has been talking about the chocolate in the fudge.
01:03:47.180And I mean, honestly, we've had, you know, some pretty big people come through the doors.
01:03:51.940I don't think anybody in this building has been more excited to have you guys bring fudge, uh, than anybody else who's walked through these doors.
01:04:01.620Well, uh, uh, right after the meningitis and I was back out of the hospital and I was at home in complete darkness and, and now complete silence.
01:04:14.840It's a pretty lonely place, a pretty, pretty awful place to be.
01:04:18.600It was tough when all of the tools and techniques that, uh, I'd, I'd learned over the last, you know, the previous four years of being blind.
01:04:29.660I didn't even, uh, have the, the need, the necessity to learn braille, which would have been a good idea after the fact.
01:04:37.900But, uh, um, there I was just sitting in my, you know, at the kitchen counter feeling down, uh, if you know, the, the, the why me's the, and the what ifs start creeping in.
01:04:52.380Uh, so I fell back on my old, uh, love, my old skills of, uh, of cooking, got into the kitchen and it was, it was, uh, right about the holidays.
01:05:03.020And we'd invited tons of friends and family and we're going to make this huge feast.
01:05:07.840And I got into it for the first time in probably six months.
01:05:12.780Michaela had seen a smile on my face while I was making all this stuffing, the turkey and all these desserts.
01:05:20.000I was making desserts weeks in advance.
01:05:22.540And so much fudge was coming out of that kitchen.
01:05:25.680Then Michaela was sneaking it out the front door.
01:05:36.220You don't, you don't have to be real stealthy, but, uh, uh, she was giving it away to our neighbors, to friends.
01:05:43.160And they were coming back and asking, can we buy some more of this for our party or, and, and, you know, being a, uh, capitalist mindset and said, well, of course you may.
01:05:55.160And that's, that's just how it got started.
01:05:58.820And so the name of the company is EOD.
01:08:34.480Uh, we definitely, uh, taste better what we can smell.
01:08:38.000And I lost a little bit of my sense of smell in the blast, but I do pay much more attention to the flavors that are going into our food and what I'm cooking.
01:08:48.960And, uh, and, uh, there's, I, I, I, I taste, I, I taste everything along the way as in the process to make sure it's exactly the way I want it.
01:08:58.980And, um, well, it's extraordinary, uh, chocolate and pralines and fudge and everything else.
01:16:00.220Senior editor at media research center noted, quote, as with all recent Republican nominees,
01:16:07.260reporters will repeatedly label them as conservative, which will nicely reinforce a democratic strategy
01:16:12.940to paint them as outside the mainstream.
01:16:15.600One study found that Roberts, Alito and Gorsuch were called conservative 36 times on ABC, CBS and NBC
01:16:22.380within 24 hours of their nomination, while Sotomayor, Kagan and Garland were only labor liberal seven times total using the same parameters.
01:16:32.900Even in a mostly positive article about Trump's pick, Judge Barrett Kavanaugh or Brett Kavanaugh, USA Today couldn't resist the urge to slip in the word conservative into the title.
01:16:47.000The partisan partisan jockeying back and forth is just as bad on the right as it is on the left on this.
01:18:04.380Some of them are just going in and following into the Republican Party.
01:18:09.820I think a vast majority in the end, we're all going to be kind of staying away from the parties and just say, I just I just want truth and freedom, which would put you in place with the Constitution.
01:18:23.580And a guy who was really early on this was Dave Rubin.
01:18:49.020But, you know, we know how that word has been changed around.
01:18:51.840But I really I was a progressive and I was on the Young Turks Network, which in my estimation these days is a pretty far left organization.
01:18:59.580And when you come from that perspective, the leftist perspective, it's really not rooted in the Constitution.
01:19:07.500It's sort of rooted in what do you kind of feel is right at any given moment.
01:19:12.220This is where Ben Shapiro's, you know, facts don't care about your feelings really hits home.
01:19:17.920It's like most of the things that the left these days and I say the left and I don't mean every single person on the left, of course.
01:19:25.840And, you know, we all get caught in the words.
01:19:27.460And your intro to this was was on point because I think people are going to flee the parties.
01:19:32.320And the paradigm that we've always had of left and right isn't really making sense anymore.
01:19:37.780You know, it really is you are either for liberty or for freedom and you're for how you want to live without impinging and impugning on anyone else's rights or you want the state to deal with everything.
01:19:50.040So I don't know that I thought of things through the constitutional prison way back when I just thought, oh, this seems right.
01:19:57.500You know, oh, I want to help poor people.
01:19:59.940So the government must do it or whatever it was where I want to help gay people.
01:20:05.360And it wasn't it didn't really have a backing of what the laws are.
01:20:09.380That's why your intro to this and related to the Supreme Court's decision right now is so right.
01:20:13.720It's not about whether we should have a conservative or a liberal.
01:20:18.360It's about do we have someone that has the mental acumen basically to understand what the laws are and not write laws, but defend the laws.
01:20:29.880That's the whole purpose of three branches of government.
01:20:32.060That's why the the judiciary exists, not to write laws.
01:20:37.020That's, of course, for the for the legislature.
01:20:39.420That's for the Senate and the Congress.
01:20:41.060So we need people that will will uphold the system that we have in place, because although it is not perfect, I would argue there's no such thing as a perfect system.
01:21:27.080Then you've got all the never Trump conservatives.
01:21:29.100And that's a pretty strong group of people, too.
01:21:31.620And then I think you have the group that probably where you and I are a little more in line, which is basically the libertarian classical liberals that aren't saying we're part of this party or anything else.
01:21:41.260But there's a there's just it's a rooted and limited government and your rights as an individual.
01:21:45.680That's that's three really distinct groups of people that are fighting it out for what the right is these days.
01:21:52.740The left, unfortunately, really has the Democratic Socialists, so the Bernie's and the Elizabeth Warren's and Keith Ellison's, et cetera.
01:22:00.760And then there's this there's a tiny but almost completely gone minority of what I would say are the sort of decent liberals.
01:22:59.960I mean, look, if your choice is basically whatever Trump wants on immigration or open borders, let's say you're just an apolitical person, right?
01:23:32.500But if your choice, if you're just the average person, right, not not the political who knows the ins and outs of everything, you're just the average person.
01:23:39.700And your choice is between that what Trump is offering or open borders, which almost is where the Democrats are at this point.
01:23:47.320I mean, Keith Ellison, you know, he almost became the head of the DNC just last week or about 10 days ago.
01:23:53.260He was wearing a shirt that in Spanish.
01:23:56.280I'm going to miss it slightly, but it was in effect.
01:24:10.180So if your argument is that nations don't exist, well, should we just be able to wander into Canada or should we have Mexicans be able to just wander into this country?
01:24:19.160I mean, that's a truly radical position.
01:24:21.860But if I've learned anything in the last couple of years, and it's really what put me on the map and what what made people like you know who I am, is that as I think I was an early adopter of seeing what was going on on the left because I was part of it and I was really in it.
01:24:36.620And I kept saying, you know, these are the problems.
01:24:39.640We have to stop labeling everybody racist.
01:24:41.980We have to stop calling everyone homophobes and all the rest of this.
01:24:45.420And then we have to really get to the what are we really talking about here?
01:24:48.940It can't everything can't just be the easy bumper sticker answer.
01:24:52.580And unfortunately, they have just doubled down and doubled down and doubled down.
01:24:57.980And you would have thought and I did a video about this, I think, the day after the election, Trump's election, that you would have thought maybe there would have been a moment of reflection where they would say, you know, this just maybe we've played our hand too much, et cetera.
01:25:12.520And no, they just decided to go in the other way.
01:25:15.820And what what makes me hopeful about this is is what I mentioned before about what I see on the right, that there is there is a true battle of ideas happening on the right.
01:25:28.020And so, you know, when I see all these the never Trumpers hating the Trumpers and then this and that, it's like, guys, if we could just tone the rhetoric down a little bit, you're actually you're actually doing the right thing because you're not out on the street killing each other.
01:25:40.980You're fighting for what you believe in.
01:25:46.120So that's where for me right now, that's where my energies are, because I can see such great alliances.
01:25:50.640And that's why I'm you know, I'm thrilled that we've been doing more together and that this growing group of of the intellectual dark web, as it's called, is a group of people all over the political map.
01:26:01.800And we're just we're just trying to play the game a little bit differently because the other game, it's old and it's tired and it's just not working.
01:26:10.500David, so extraordinary to hear a former member of, you know, the Young Turks speak like this for those people who are new to this party.
01:26:20.640What was it that finally snapped in your mind and and turned you around?
01:26:29.500I mean, the night that it all changed for me, you know, I can actually pinpoint the actual moment that if I if I really riddled it down, I could probably give you the exact minute of the day.
01:26:51.420It was it was at about 1047 Eastern September something a couple of years back.
01:26:59.080So Sam Harris, the neuroscientist and author famous for being a quote new atheist.
01:27:07.540He was on real time with Bill Maher to discuss.
01:27:10.560He was actually on to discuss his book, his book called Waking Up, A Guide to Spirituality Without Religion.
01:27:15.920So his book was about inner peace, basically.
01:27:19.280Ben Affleck was on the other side of the table.
01:27:21.560They started talking about religion, Islam in particular.
01:27:24.360And long story short, Ben basically called Bill Maher and Sam Harris gross and racist, because they were discussing radical Islam.
01:27:35.020And Sam was talking about how you have to be able to separate people and ideas.
01:27:38.640So of course, you have to be able to criticize Islam, which is a set of ideas, just like you should be able to criticize the set of ideas that make up Christianity or make up Judaism or any other religion.
01:27:51.420I mean, it's a set of ideas and ideas should be criticized.
01:27:54.660No idea should just stand above us to control us.
01:27:58.240But that doesn't mean you should be able to discriminate against people.
01:28:02.260I mean, I guess you can discriminate against people, but that's not the right thing to do.
01:28:08.020In effect, Affleck called Bill Maher and Sam Harris gross and racist.
01:28:13.760And what I saw happen almost immediately, and I didn't even know who Sam Harris was at the time, is that the entire media and the entire leftist establishment started turning on Bill, turning on Sam.
01:28:25.620And I saw, wow, here were two people who are who are lefties.
01:28:29.360I mean, Bill Maher, for all the disagreements that you must have with him, Glenn, this is a guy who's been the standard bearer of sort of mainstream leftism forever, liberalism, whatever you want to call it.
01:28:40.560And now suddenly he is being thrown under the bus because he took one position, which was which wasn't even a really controversial position.
01:28:47.620It was just a confused position by Affleck.
01:28:50.440And then once I saw the way the feeding frenzy to destroy their own without being principled, without even listening to the argument, once I saw that, I suddenly saw it everywhere in almost every argument that I could hear on the left and the way that they would treat everyone on the right.
01:29:10.180Every single Republican politician, every single conservative, guys like you, guys like Prager, Shapiro, everybody, that there was never a counter argument.
01:29:41.180But if this is what I always expected, my guys to be a little bit better in this case, my guys being the liberals.
01:29:47.120And once I saw it, it crumbled very quickly.
01:29:51.180And and then that really put me on the path to where I'm at now, which really, you know, it's somewhere between a classical liberal and a libertarian.
01:30:01.220But basically what I believe is in freedom, you can live how you feel you should live.
01:30:07.400And you just can't come on my property and you can't kill me.
01:30:10.620But in effect, the government, that's what the government's supposed to protect at its most basic level.
01:42:15.440By the way, did you see last night, this kind of goes into what we were talking about with Dave Rubin, to where they're just bashing anybody.
01:42:28.080Last night, the picket signs were out and the crowd was out in front of the Supreme Court before anybody was selected.
01:42:36.520They didn't even know who didn't matter.
01:42:40.660Within a couple of minutes, the the Democrats and all of the left organizations had already put out, you know, fundraisers for, hey, you got to join the fight against.
01:42:54.440And you could tell it was just cut and paste.