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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Lucretia, freshly back in the U.S. from her adventures with Steve in Budapest, is in the host chair for this week's episode, and she's not in a good mood. And it's not jet lag. Looking out at the concurrent disasters at home and abroad at the moment—high inflation, an undefended southern border, and now war in Israel—she poses a straightforward question: Would any of this be happening if Trump was still president? And more acute to a certified dog-lover: While Trump has many personal flaws, would he kick a dog? The evidence accumulates that Joe Biden is not just a terrible president, but a terrible human being.
From there we take up the inner desires of Kamp Kommandant Hillary Klinton, the good news (for John) of the return of the McRibb, and the demise of Speaker Kevin McCarthy. Which somehow leads to a discussion of President James K. Polk, whom John thinks is an executive to be highly esteemed, drawing immediate 50-cal fire from Lucretia. And we also marvel afresh at the feral genius of Trump's method of contesting the kangaroo court fraud trial under way in New York.
But it isn't all bad news. We celebrate the fact that apparently women, too, think a lot about the Roman Empire, though Lucretia prefers to think of the Roman Republic instead, since she founded it.
Settle in with your best chilled Hungarian dessert wine and Philly cheese steak for this cosmopolitan issue, which finds John Yoo—host for this week's episode—tired out from looting in his home town of Philadelphia, while Lucretia and Steve are together in Budapest carrying on with more conspiracies against the international rules-based order.
John gives us on-scene reports from ground-zero of the "recreational shopping" going on in Philadelphia, plus an update on his three days of testimony in the incredible John Eastman disbarrment trial going on in California. We also cover the aftermath of our event with Heather Mac Donald at Berkeley Law, which made it all the way to Jesse Watter's show on Fox News, and has gained something like 3 million views online.
But that's nothing compared to our beat down on the implosion of Ibram X. Kendi (Sen. John Kennedy's favorite "butthole professor"), which was not only predictable, but was predicted! By Glenn Loury, among others, whose profanity-laced rant about Kendi to John McWhorter we excerpt here for its news value, but also underscore the main point that the academic exaltation of an intellectual fraud like Kendi is another indication of the corruption and deep politicization of our universities today.
Government shutdown? GOP debate? The rest of the Supreme Court docket for the new term beginning Monday. Yes—we cover all that too. Better get a second bottle of Hungarian wine.
This circuitious episode, hosted by Steve in Budapest with John Yoo in Dallas and Lucretia in her undisclosed desert location, starts off with the entirely predictable news that David Brooks drinks his whisky on the rocks (insert shudders and horror here), and quickly moves on to the news that hasn't broken yet, so we'll fix it: Gavin Newson is running for president. We know—he hasn't offically announced, but he's behaving like a candidate more and more every day. And why has no one noticed that Newsom would also solve the Democrats' Kamala problem? (See the Constitution, Article II, Section 1, especially the passage that reads, "The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves." That rules out Kamala as Newsom's running mate, which is okay because Newsom and Harris hate each other.
We also devote too much time to the sartorial severity that is the Fetterman Senate Dress code, and you'll just need to listen to hear who Lucretia calls "Senator Stripper Boots."
From there Steve gives a central European "sit rep" on attitudes there about the Ukraine War, American policy about the war, and general political matters, all gleaned from Steve's conversations with highly placed (and very smart) Hungarian sources.
We've been wanting to talk about a legal issue that's been our mind for a while, and we finally get to it in this episode in depth: qualified immunity. We don't quite reach a firm conlusion about how the doctrine should be reformed, but you'll feel smarter for our dissection of it.
Finally, a few quick notes on the Kendi implosion, missing jet fighters, and other fun matters. But not to worry—we're still drinking our whisky neat, even if David Brooks kills his with four ice cubes. In an airport.
Lucretia hosts this week, as the fearsome threesome give a brief summary of a recent law school seminar on natural law and the Constitution we presented last week at Berkeley Law before a group of somewhat skeptical students, and then moving on to assaying the Biden impeachment inquiry and Hunter Biden's smoking gun charge, asking why all the White House spokespeople seem to have come from Nerd Central (we mean you, Ian Sams!), and explaining the fundamental asymmetry of the Administrative State in Democratic and Republican presidencies.
And isn't it nice that Virginia Democrats have offered us a whole new definition of a "working family"? Who knew that Only Fans might become a new source for campaign contributions. Also: once again the question—are Biden and Harris both on the Democrats' chopping block for next year?
Get this: the latest rationale for federal government censorship of the internet is protecting "cognitive infrastructure," which sounds beyond the perverse imagination even of Orwell. And you know how well things go when the government gets interested in infrastructure! But I now have an excuse for the next time I forget something: "My memory hit a pothole in my cognitive infrastructure!"
Finally, we close out with some actual news, namely, John Yoo sharing some perspective on his expert witness testimony in the ongoing disbarment proceeding against John Eastman this week.
We're a day late and a person short this week, as we're missing John Yoo because of schedule conflicts. Over morning coffee instead of evening single malt, this shortened, ad-free epiode finds Lucretia and Steve wondering if the Branch Covidians can really be getting ready to impose a mask mandate on all of us again, and pondering whether the COVID case of the multiply-boosted DOKTOR Jill Biden should make us wonder whether anyone knows anything anymore.
Could this all be a sign of the deepening panic among Democrats over the latest polls showing Donald Trump stronger than ever, and ever increasing doubts about Joe Biden?
And speaking of Democrats, who knew that Democrats have become Carl Schmitt fans, as is seemingly the case with New Mexico Governor Grisham declaring that an "emergency" gives her the power to suspend the 2nd Amendment. This comes on the heels of the latest 5th Circuit Court ruling that the Biden Administration trampled the 1st Amendment with its Covid censorship regime.
Never mind saving “our democracy"—who's going to save our gerontocracy! With Mitch McConnell and Joe Biden in a contest for Greatest Brain Freeze Moment, while Dianne Feinstein and John Fetterman look on with envy, we are starting to long for the good old days of the youthful vigor of the Soviet Politburo. Is it time for age limits for high federal office (though Sen. Chuck Grassley, still firing on all cylinders two weeks before his 90th birthday, might want a word with us), or do we just need cognitive tests for office?
Equally alarming is how the Baude-Paulsen argument for disqualiftying Trump for the presidency under the 14th Amendment is gaining traction. Could a county registrar of voters in some deep blue percinct throw the 2024 election into complete chaos? John has a good article on this scene suggesting the answer is a hard No, which we review.
Meanwhile, the whole Georgia case gets curiouser and curiouser, as you'd expect in our current Alice in Wonderland world of "verdict first, trial later" phase of Trump-specific law enforcement. But also some good news: the forces of decency are fighting back against the left's demagogic attack on Clarence Thomas.
This classic format episode of the Power Line podcast features Steve Hayward all by himself, and breaks some news: Steve is returning to Pepperdine University this academic year as the Edward Gaylord Visiting Professor at the School of Public Policy. Steve will be filling the large shoes of the late Ted McAllister, who passed away earlier this year, leaving a big hole in the SPP program.
Pepperdine's SPP Dean Pete Peterson asked Steve to offer the faculty address to this year's incoming class of graduate students during orientation last week, and he spoke on the relevant contemporary lessons from Max Weber's famous lecture "Politics as a Vocation," which intersects perfectly with Karl Rove's Wall Street Journal essay over the weekend on how America has sometimes been in much worse shape than today. True, but not exhaustive, and supposing natural cycles of history will take us out of our current funk is likely a mistake, akin to fiddling while Rome burns.
In one sentence, Steve's message to incoming students is that they'll need to step up their game even more than they might have thought. That's what Weber told students in 1919, and his lesson didn't fully take.
Wondering what to make of the first GOP debate, Trump's arrest and mug shot, and the apparently deteriorating battlefield situation in Ukraine? Then you've come to the right place. John Yoo hosts this week while we break it all down in crisp fashion, partly because our schedules this week prevented us from recording at a time suitable to have our whisky glasses filled. Next week, we promise!
As loyal listeners know, yesterday Steve, John, and Lucretia took over the flagship Ricochet podcast in the absence of both Peter Robinson (still somewhere in the Witness Protection Program) and Rob Long (out walking a Hollywood picket line somewhere), and we made James Lileks' life completely miserable.
We decided that a couple of issues we brought up deserved some extended discussion in this bonus episode, starting with the "trust" question: why do Americans now hold nearly all major institutions, both public and private, in such low regard? We run through a number of factors, from ideology, competence, and corruption, but also wonder about whether our ruling elites today don't have the same kind of noblesse oblige that characterized the elites of the 1950s (the Dulles brothers get a special shout-out).
Next, we return to the question of "human rights" versus the natural rights of the American Founding, and the mischief that the rise of "human rights" has entailed in modern times. Steve had intended to nitpick John's understanding of Thomas Hobbes, but the Learned Lucretia shows up in force, with marvelous renditions of Locke and Hobbes, casting doubt on Steve's proposition that maybe there exists a "Hobbistotle" to go with Tom West's "Lockistotle." It's not as wonky and esoteric as it sounds! Well actually maybe it is, but we think you'll still enjoy this Trump and Biden-free episode (and ad-free, too!)
Our thanks, by the way, to the Ricochet team for the honor of occupying their show, and to James Lileks for his indulgence.
But because Lucretia and John once again wrongly dismiss Steve's embrace of prog rock ("Rock and roll that went to college," as Jody Bottum calls it), the exit music for this episode is an excerpt from "The Chamber of 32 Doors," which is the Prog Rock version of "Rich Men North of Richmond" which we discuss briefly in this episode.
I'd rather trust a countryman than a townman
You can judge by his eyes, take a look if you can
He'll smile through his guard, survival trains hard
I'd rather trust a man who works with his hands
He looks at you once, you know he understands
Don't need any shield, when you're out in the field. . .
The priest and the magician
Singin' all the chants that they have ever heard
And they're all calling out my name
Even academics, searching printed word
Maybe the academics will figure it out someday, but judging by the elite culture's reaction to "Rich Men North of Richmond," today is not that day.
The late week news was so screwball that Steve surrendered to Screwball Peanut Butter Whiskey to cope while Lucretia the Lightweight settled for Irish coffee while John, out of place as usual, passed on a liquid lunch to have a real one. (By the way, the Screwball Peanut Butter Whiskey is not recommended.)
And what a lot of screwball news, starting with the designation of a DoJ special counsel to deal with Hunter Biden's special needs, a trial date and mini-gag order for Trump, and the flurry over the proposal of two conservative law professors to ban Trump's eligility for the ballot under Section III of the 14th Amendment about "insurrection." (If you are a glutton for the punishment of a 126-page law review article, you can view the whole thing here.) There's just one problem with this scenario: Trump hasn't been charged with fomenting insurrection or rebellion. Maybe the special counsel is waiting for another bad news dump on Hunter?
After some observations about the failed Ohio referendum this week we finallky getr down to some wider topics, including reflections on the astonishing interview last week with Obama biographer David Garrow in The Tablet, which presents about as unflattering a portrait of "the lightworker" as can be imagined. (If you haven't read the Garrow interview, do so at your earliest convenience.) And we also ponder the latest notable offerings on the state of the country from Victor Davis Hanson ("Who Will Say No to the Current Madness") and Jacob Howland ("America Is Now a Zombie State"). Steve, naturally, sees some signs of life while Lucretia, naturally, finds him to be too infernally optimistic.
Finally, a few suggestions for great general reading about politics, with Steve recommending a title from Kenneth Minogue and John recommending two titles from Daniel Bell. Lucretia is sticking with Calvin and Hobbes—the comic strip, not the 16th and 17th century authors!
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