What the Hell Is Going On

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WTH is Going On With Presidential Immunity? Andy McCarthy Explains Jul 04, 2024

Show notes

In a spate of end-of-term decisions, the Supreme Court released its decision on the question of presidential immunity, ruling that the president has broad protections from criminal prosecution for “official acts,” a presumption of immunity for likely official acts, and zero immunity for private acts. Does this now mean that the U.S. now has a “king” as head of state, someone above the law, as many have implied? Can the president really release Seal Team 6 to kill political rivals without consequence? The answer is simple: No. Rather, the Court continued the job of rebalancing our Republic in favor of three branches, with Congress as the clear venue for trying any president for high crimes and misdemeanors. What does the ruling mean for Trump’s pending trials? And how is criticism of the Court eroding it as an American institution?

Andrew C. McCarthy is a senior fellow at the National Review Institute, an NR contributing editor, and the author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency. Previously, he served as an assistant U.S. attorney for the Southern District of New York.

Read the transcript here.

WTH Extra! Joe Won’t Go. Dany and Marc Discuss Jul 02, 2024

Show notes

In today’s WTH Extra! episode, Dany and Marc discuss Dany’s recent substack, Joe Won’t Go. Will President Biden take the advice of panicked liberal pundits, politicians, and advisors and drop off the top of the Democratic ticket? Long story short: No. And notwithstanding the flurry of unwanted advice the White House is receiving, it really is up to the President. You see, Joe likes being President, and so do the rest of the Bidens.

Read Dany’s substack here.

WTH: MAGA Isolationism Is A Myth! The Reagan Institute’s Roger Zakheim Explains Jun 27, 2024

Show notes

The numbers are in, and it’s clear that Americans of all political stripes – Democrats, independents, and both MAGA and non-MAGA Republicans – want America to be engaged and leading on the world stage. The Reagan Institute’s new summer survey shows that the vast majority of Americans want a strong military; support defending NATO allies; and continue to support Ukraine, Taiwan, and Israel. But hidden in the crosstabs is an important finding: The myth of MAGA isolationism and Republican support for Russia is just that, a myth. Self-identified “MAGA Republicans” were more internationalist than “non-MAGA Republicans” on every issue and the number of Democrats and Republicans who want Russia to win over Ukraine is a statistical tie.

Roger Zakheim serves as the Washington Director of the Ronald Reagan Presidential Foundation and Institute. He previously practiced law at Covington & Burling LLP where he led the firm’s Public Policy and Government Affairs practice group. Before joining Covington he was General Counsel and Deputy Staff Director of the U.S. House Armed Services Committee where he managed the passage of the annual National Defense Authorization Act. He was also the Deputy Assistant Secretary of Defense.

Read the transcript here.

Find the Reagan Institute's summer survey here.

WTH Extra! Is Trump an Isolationist? Dany and Marc Discuss Jun 25, 2024

Show notes

In this new WTH Extra! series, Dany and Marc discuss Marc’s recent Washington Post column, Biden’s Latest Attack on Trump is Wildly Inaccurate. Is Trump really the isolationist his detractors make him out to be? Or is he the second coming of Charles Lindbergh some of his supporters hope for? Turns out, the isolationists who claim to represent the MAGA agenda might not be so representative after all.

Read Marc’s column in the Washington Post here.

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#WTH Russia Eyes Georgia Next. David Kramer Explains Jun 20, 2024

Show notes

Georgia’s parliament in Tbilisi recently overrode a presidential veto on a “foreign agents” law that sparked an uproar domestically and from the country’s Western allies. Critics decried the legislation—which requires any organization receiving more than 20% of its funding from foreign sources to register as an “agent of foreign influence”—as yet another element in the Russian takeover of the small South Caucasian nation. Russia still occupies 20% of Georgia’s territory. Why should Americans care about Russian games in a country of 3 million people? Because for Vladimir Putin, Georgia is just the beginning of his ambitions in Europe. And the Georgian people are among the most pro-American in the region, at one point the second largest troop contributor to our war on al Qaeda. Standing up for Georgia now means avoiding conflict later.

David Kramer serves as the Executive Director of the George W. Bush Institute. Prior to joining the Bush Institute, he taught at Florida International University’s Steven J. Green School of International and Public Affairs, and served as an Assistant Secretary of State for Europe and Eurasian Affairs. David chairs the board of the Free Russia Foundation and serves on the board of the International Republican Institute.

Read the transcript here.

WTH is Going On With the Hostage Rescue and Political Turmoil in Israel? Haviv Rettig Gur Explains Jun 13, 2024

Show notes

This past weekend, Israeli special forces rescued four hostages Hamas kidnapped on October 7 and held in Gaza’s Jabalia refugee camp. Israelis were ecstatic about the news. Meanwhile, Israel’s usual detractors in the West accused Israel of war crimes for harming “civilians” during the operation, apparently forgetting that Hamas chose to embed hostages within Gaza’s civilian population. What does the hostage rescue mean for the prospects of saving the remaining 120 hostages? Will turmoil and resignations at the senior levels of Israel’s national security government derail efforts to destroy Hamas? What does the future hold for this war amid growing threats from Hezbollah in Lebanon?

Haviv Rettig Gur is The Times of Israel’s senior analyst. Before joining the Times of Israel, he was a reporter for the Jerusalem Post. Haviv has reported from over 20 countries and served as director of communications for the Jewish Agency for Israel, Israel’s largest NGO. He lectures on Israeli politics, the US-Israel relationship, the peace process, modern Jewish history and identity, and Israel-diaspora relations. Haviv lives in Jerusalem with his wife and two sons.

Read the transcript here.

WTH: 34 Felonies? Professor Jonathan Turley Explains the Trump Convictions Jun 06, 2024

Show notes

Last week, Donald Trump became the first former U.S. president to be convicted of a felony after a New York State court found him guilty on 34 counts of concealing hush money payments to “influence the 2016 election." Despite the precedent-breaking nature of the case, the stench of politics was strong: Manhattan District Attorney Alvin Bragg campaigned on the promise he would prosecute Trump, used novel legal theories to conjure a felony charge against the former president, and prosecuted a federal crime in a state court. Nor was Bragg alone: Judge Merchan not only allowed Bragg’s charges, but ruled with Bragg on every tough decision, and handed out jury instructions that all but guaranteed a conviction. Will Trump’s conviction get overturned on appeal? What does this conviction mean for Americans’ trust in our judicial system?

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. At GWU, he is also the Director of the Environmental Law Advocacy Center, and Executive Director of the Project for Older Prisoners. Professor Turley has served as counsel in some of the most notable cases in the last two decades including the representation of whistleblowers, military personnel, judges, and members of Congress, and has testified before Congress over 100 times. His upcoming book is The Indispensable Right: Free Speech in an Age of Rage (Simon and Schuster, 2024).

Read the transcript here.

Order The Indispensable Right here.

WTH Live: Reps. Mike Lawler & Ritchie Torres Explain How Congress is Fighting Antisemitism on Campus May 30, 2024

Show notes

Following a year of record-high antisemitic attacks and incidents on college campuses, students, professors, and administrators need to be held to account. But fighting hate speech in academia while upholding freedom of speech is a tricky line to balance. That’s why Reps. Mike Lawler (R-NY) and Ritchie Torres (D-NY) are introducing the COLUMBIA Act – which would empower the Department of Education to appoint independent antisemitism monitors on campuses of concern – and were pioneers of the Antisemitism Awareness Act, which codifies the International Holocaust Remembrance Alliance’s definition of antisemitism. We talk about the role Civil Rights Act Title VI protections play for institutions receiving federal funding and get into how foreign actors are helping spread antisemitism in the US.

Representative Mike Lawler represents New York’s 17th Congressional District. Prior to serving in the House of Representatives, Rep. Lawler represented New York’s 97th District in the State Assembly. He serves on the House Financial Services Committee and the House Foreign Affairs Committee.

Representative Ritchie Torres represents NY-15 in Congress. He is a member of the Committee on Financial Services and the House Select Committee on the Chinese Communist Party. Before joining Congress, Rep. Torres served on New York City’s City Council.

Read the transcript here.

WTH is the International Criminal Court Prosecuting Netanyahu and Threatening Congress? Senator Tom Cotton Explains May 23, 2024

Show notes

This week, International Criminal Court prosecutor Karim A.A. Khan, K.C., announced on CNN that he will seek arrest warrants for Israel’s democratically elected Prime Minister and Defense Minister, as well as three members of Hamas leadership because of “crimes against humanity” related to October 7 and the subsequent Israel-Hamas war. Israel is not a party to the Rome Statute that underpins the ICC, which therefore has no legal jurisdiction in Israel. The ICC has admitted a “State of Palestine,” which theoretically grants jurisdiction over actions in “Palestine” and over Hamas figures. How should Washington respond to the ICC’s extrajudicial investigation? And how will the ICC’s announcement affect its global standing?

Tom Cotton is a United States Senator from Arkansas. Senator Cotton’s committees include the Judiciary Committee, where he serves as the Ranking Member for the Subcommittee on Criminal Justice and Counterterrorism, the Intelligence Committee, and the Armed Services Committee, where he serves as the Ranking Member of the Air Land Power Subcommittee. Before joining the Senate, Senator Cotton was a member of the House of Representatives and served on active duty in the United States Army as an Infantry Officer.

Read the transcript here.

WTH is Going On With The Corruption of Climate Science? Roger Pielke Jr. Explains May 16, 2024

Show notes

President Biden is pushing through climate regulations at record speed as his administration, activists, and international organizations warn of an impending climate disaster absent drastic policy changes. But as the US pauses exports of liquefied natural gas and attempts to spend over a trillion dollars on climate initiatives, few stop to ask the question, “Is the world really headed towards climate apocalypse?” In short, no. Climate science relies on scenarios, of which there are thousands. However, billionaires, policymakers, and climate forums have ensured that the most extreme, outdated, and implausible scenario is now the global “baseline.” What do climate scientists actually think of RCP 8.5? And how can US policy better reflect the realities of climate change?

Roger Pielke Jr. is a nonresident senior fellow at the American Enterprise Institute, where he focuses on science and technology policy, the politicization of science, and energy and climate. He is concurrently a professor in the College of Arts and Sciences at the University of Colorado Boulder; a distinguished fellow at the Institute of Energy Economics, Japan; a research associate of Risk Frontiers (Sydney, Australia); and an honorary professor of University College London. Dr. Pielke is a regular contributor for and oversees the popular substack The Honest Broker.

Read the transcript here.

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