Stay ConnectedSteven Hayward, John Yoo, and “Lucretia” bring you a whisky-sodden perspective on the week’s big headlines, and occasional deep dives into law and philosophy.
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While most other podcasts are taking the Thanksgiving holiday off, your three bartenders behind the Three Whisky Happy Hour remain on the job, because no one wants leftover podcasts for the long weekend. Steve and Lucretia had traditional home-cooked feasts, while John, naturally, dined Thursday at a yacht club, sweater knotted properly around his neck.
In the middle of this episode that ranges from the metaphysics of free speech to Nikki Haley's chances to the Argentinian and Dutch election results along with the Israel-Hamas deal, Steve recalls hearing Prime Minister Bibi Netanyahu in person in Washington several years back explaining that the reality of the Middle East is that often the choice is between bad and worse, and this becomes the unifying theme for several of our disparate topic today.
In some ways, this episode turned into previews of coming attractions, as we set up a clash of the titans (that is, Lucretia against all comers) next week on the ongoing dispute about January 6, and the essence of "neoconservative" foreign policy. Consider these teases as a placeholder, along with our custom exit music, "Am I Very Wrong?" (to which question Lucretia typically answers "YES!"), a 1967 tune by a then-obscure combo whose name will not be uttered here:
Am I very wrong
To hide behind the glare of an open minded stare
Am I very wrong
To wander in the fear of a never ending lie
Am I very wrong
To try to close my ears to the sound they play so loud
Hoo-boy—pour yourself three-fingers of your favorite high-proof single malt for this episode of the Three Whisky Happy Hour, as Steve, John, and Lucretia throw down hard on the limits of free speech in theory and practice. A lot of people—some of them conservatives (and, ahem, John at times!)—think that banning student chapters of the pro-Hamas Students for (In)Justice in Palestine, as Governor DeSantis has done in Florida, represents right-wing "cancel culture" and is therefore hypocritical. Steve and Lucretia argue that two generations of flabby jurisprudence from the Supreme Court about the First Amendment has left us illiterate about the first principles of the matter.
Thus, we recur to some older writings of David Lowenthal and Harry Jaffa on this point, and suggest that is it not difficult at all in principle to distinguish between political speech that deserves protection and speech from would-be tyrants who, if successful, would take away everyone else's right to speech (if not right to life in the case of Jews) if they gained power. Whether to do so is a matter of prudence and circumstance, but one of the lessons of history is that if a nation waits too long (cough, cough—Germany in the 1930s—cough, cough) to assert its right of self-preservation against the barbarians in its midst, a free society is lost.
The question of barbarism is central to the second part of today's episode, where we sort out some of the basic issues of the laws of war and just war theory. And we use Angelo Codevilla as one of our expert witnesses on this subject, which shouldn't be that hard to sort out, but somehow is if you only read the New York Times or some other pre-school level source.
Franklin Roosevelt and the New Deal are back in fashion these days, featuring some truly strange bedfellows. Liberal intellectuals told President Biden that he could become the next FDR if he simply spent like a convention of drunken sailors, but some of the "national conservatives" also suddenly like FDR and think we should emulate the New Deal's economic policies, which surely has Milton Friedman and William F. Buckley rolling over in their graves.
Meanwhile, historians have neglected FDR's record on civil liberties, with the conspicuous exception of the internment of Japanese Americans in World War II because that is too large a blot to be ignored (though even that story is not understood fully or accurately). Historian David Beito explores this forgotten aspect of FDR and the New Deal in his new book, The New Deal's War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveilance. There's probably a connection between the New Deal's political economy and constitutionalism and these offenses to civil liberties—the point Hayek made in his misunderstood Road to Serfdom—that modern-day FDR admirers ought to keep in mind
With John Yoo, who accuses Lucretia and Steve of being closet monarchists, back from his jungle adventures in South America (albeit without any archeological relics to satify his Indiana Jones fantasies) and sitting in the host chair this week, the gang offers its two cents on the latest GOP debate (someone—guess who?—is not impressed with Nikki Haley), and the disappointing election results, which, Steve suggests, is like Twain's remark on Wagner's music ("it's better than it sounds"), though with the key takeaway that the GOP is doomed to more election night disappointments as long as it has a deer-in-the-headlines problem when it comes to abortion.
After reviewing a few new legal developments in the largehr Trump saga, we get down to exploring the mounting crisis of anti-Semitism, with an analysis of why this current eruption of anti-Semitism we're seeing nwo is not your grandfather's anti-Semitism, but is in fact ax expression of a much deeper problem with the maliganancy of the progressive left. College administrators who think they can weather the storm and wait for the fury to abate on its own are deluded.
We're going to retur next week with a sequel, and explain to everyone why a wholesale purge of leftist institutions is not a violation of free speech rightly understood, or merely "right-wing cancel culture," as the left and too many simple-minded libertarians think. Fire away (heh).
With John Yoo still away somewhere in the jungles of South America, Steve and Lucretia are delighted to be joined by a very special guest, Prof. Amy Wax of Penn Law School. Followers of the campus scene may be familiar with Penn Law's crusade to fire Prof. Wax for the sin of offending against campus orthodoxies on race and immigration, at the same time Penn so conspicuously tolerates anti-Semitism.
Prof. Wax isn't at liberty to discuss the details of her ongoing ordeal, but we do get into the thick of several pertinent questions, such as:
—Does the current crisis of tolerance for anti-Semitism on campus represent a possible inflection point to turn back “wokery” at last, or will this episode prove that higher education has passed the point of no return?
—Is there any evidence that the high-profile donor revolt at Penn and elsewhere is having an effect?
—On a wider note, many conservative law professors are leaving their posts because of the increasing ideological hostility. This seems another bad omen for academia.
Another bonus classic format edition, this time featuring Steve in extended conversation with Col. Austin Bay, one of the proprietors of the indispensable Strategy Page, columnist for Creators Syndicate, and author of the splendid Cocktails from Hell: Five Complex Wars Shaping the 21st Century.
His column last week is a brief and lucid tour through the proxy wars America is currently confronting (against Russia and Iran, by way of Ukraine and Israel), and our conversation goes into much greater depth on both of these conflicts as well as our potential conflict with rapidly-arming China.
Can Ukraine defeat Russia? What must Israel do to prevail, and what are the risks of a wider war? Some of what Col. Bay lays out will curl your hair and make you want to buy a lot of canned goods, but he also gets into detail about how combined arms work on the battlefield and especially in the kind of urban warfare U.S. forces faced in Iraq and Israel is facing now in Gaza.
The biggest risk of the moment, Bay agrees, is with America's pathetic leadership class, making him more worried for the fate of the country than at any time in the last 20 years.
Way back in 1960, Leo Strauss wrote in the Encyclopedia of the Social Sciences that "Natural law, which was for many centuries the basis of the predominant Western political thought, is rejected in our time by almost all students of society who are not Roman Catholics." In the decades since then, however, natural law has enjoyed a revival of sorts, and is implicated today in the rise of constitutional originalism at the Supreme Court.
But it is also a confusing subject, because many so-called "new natural law" theories seem to concede too much to modern philosophy, as if the great tradition of natural law begins with Bentham. To be sure, the classical authors such as Aristotle, Cicero, and Aquinas were not simple thinkers on the subject, but their work tends not bog down with specialized jargon or abstruse theory.
One person stands out for rescuing the older tradition of natural law: Hadley Arkes, author of Mere Natural Law: Originalism and the Anchoring Truths of the Constitution. In this conversation, Steve Hayward draws out the basics of the argument from Prof. Arkes, and extends the line of reasoning to today's controversies about free speech and "cancel culture," which are more confused than ever with the sudden eruption of anti-Semitism on college campuses.
With John Yoo away this week on a junket to South America, Steve and Lucretia reverted to old times and scheduled a live taping where we fielded questions and comments in a webinar format.
We talked about the reasons to be bullish about the new Speaker of the House, Mike Johnson, along with discussion of the strategic challenges facing Israel and the United States, and more—always more—on the rot in our universities.
In between these three main topics we took up listener questions about social contract theory, whether the U.S. could realistically find itself in a real civil war some time soon, and whether the general challenges of political leadership in a time of deep polarization can be overcome.
A real crowd-pleaser, we hope.
The only thing more predictable than a sunrise in the east is a Hamas claim that Israel bombed a Gaza hospital and that the Western media would report it as dictated because the story was just too good to check, though we always thought the mainstream media employed—or so they told us in 2004—"layer and layers of fact-checkers." Once again, we see whose side our media is on. And it's not ours—or Israel's.
Topic 2: Time to "decolonize" all the academic departments that won't shut up about "colonialism." Full stop.
And has anyone in DC figured out yet that the move by renegade Republicans to oust Speaker McCarthy and leave the Speaker's chair empty was a clever plot to get Democrats to vote for a de facto government shutdown, and stymie aid to Ukraine? Who are the dumb guys now?
And what to make of the plea deals of Sydney Powell and Kenneth Cheesebro in the Georgia prosecutions of the supposed Trump RICO conspiracy? We speculate that both Powell and Cheesebro might reprise the great star turn of Frankie Pentangelo in Godfather II.
Never mind Hamas in Gaza: what do we do with Hamas ideology on American college campuses? On top of the pusillanmous responses of college presidents we can clearly see the emerging theme of moral equivalence between Israel and Hamas, out of which the next step is certain: any attempts to curtail Hamas ideology on campus will be called "cancel culture," and will be said to prove the hypocrisy of everyone who has been attacking cancel culture over the last few years. And thus nothing will change. At the least, Jews should boycott Harvard, and perhaps the entire Ivy League. Steve suggests a more robust alternative way of thinking about the problem, but John and Lucretia are not convinced.
Topic two is the domestic political scene. Who needs a Speaker of the House anyway? But more curious is the case of RFK Jr., who has now decided to run as an independent nex year. Is there a chance he could actually win, say, for instance, if Biden tumbles down the stairs of Air Force One in early October, and can't be replaced on the ballot—never mind the prospect that he might draw more votes from Trump than from Biden. The point is, black swan events are becoming so much more common than maybe it is time to bring back white swan events.
We do live up to our name at the open, however, with some whisky recommendations from the GoodSpirit whisky bar in Budapest.
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