Massive Day For Women's Sports at SCOTUS, and Remembering Scott Adams, w/ Waggoner and Andrew Klavan — Transcript
Full transcript
- 0:00Hey everyone, I'm Megan Kelly. Welcome
- 0:01to the Megan Kelly show. We are live in
- 0:03Washington DC today. I had to be here to
- 0:07witness the historic arguments at the US
- 0:10Supreme Court. I was in the high court
- 0:12today for the first time in a long time.
- 0:14My god, when I first started at Fox
- 0:15News, I was the Supreme Court
- 0:17correspondent and I that's what I did
- 0:19for a living. I went over to the Supreme
- 0:21Court, not every day, but most weeks uh
- 0:24depended on how big the the argument was
- 0:26or the case was going up before them.
- 0:28And for three years I was your humble
- 0:30correspondent at Fox News Channel and it
- 0:32was an honor. Um I had just come off of
- 0:35nearly 10 years practicing law and I
- 0:36loved loved loved being there. And today
- 0:41it was cool still but it was a little
- 0:44boring, not going to lie. Uh but I loved
- 0:46being there because I loved what was
- 0:48being argued and this is a hugely hugely
- 0:51important case. uh the the the question
- 0:54was basically does a state have the
- 0:57right to ban biological boys from girls
- 1:02sports. Uh one case involved the equal
- 1:05protection clause of the constitution,
- 1:07one case involved that plus title 9. Um,
- 1:11and it relates to not just these two
- 1:13states, Idaho and West Virginia, but 25
- 1:16other states because 27 states have
- 1:18passed laws banning biological males who
- 1:20say they identify as females from
- 1:22participating in girls sports. Now, this
- 1:24is not what I would desri describe as
- 1:27the big kahuna. That case is not yet
- 1:29there, which is what about the other
- 1:32states, the 23 states, is my math right?
- 1:35Yes. that allow boys to participate in
- 1:39girls sports. Do the girls in those
- 1:42states have a right under Title 9 or the
- 1:45Constitution to have those sports to
- 1:48themselves? Do they have In other words,
- 1:51can we overturn the permission slips
- 1:54that the blue states have given boys to
- 1:56participate in girl sports at the US
- 1:58Supreme Court? And so my own take on
- 2:01what happened today in the high court
- 2:03was the following. the court's going to
- 2:05uphold the bans. So, I think the 27
- 2:08states are going to be happy and I
- 2:11predict I think it's going to be 63 uh
- 2:13that the high court will uphold those
- 2:15bans as constitutionally valid. But they
- 2:17were already talking about the 23 other
- 2:20states who have given a permission slip
- 2:22for the boys to participate in girls
- 2:23sports. And unfortunately, my strong
- 2:26read of the conservative justices today
- 2:28was they're ready to join with the libs
- 2:30in saying that's just fine, too. Um,
- 2:34it's really unfortunate, but that's
- 2:36that's what I heard today. Um, I want to
- 2:39get into it with a woman who has been
- 2:41behind uh the heart of not just this
- 2:44case, but so many cases that we care
- 2:46deeply about. Honestly, like Kristen
- 2:48Wagner is like an angel. She's every
- 2:51case you care about, every issue you
- 2:53care about, she's defended it. She's
- 2:55gone to the Supreme Court with her
- 2:56group. She's always on the right side,
- 2:59like literally right, but also correct
- 3:02side, and we owe her a debt of
- 3:04gratitude. She's the CEO, president, and
- 3:06chief counsel of Alliance Defending
- 3:07Freedom, Love ADF, which represented
- 3:10both of the states uh here, Idaho and
- 3:12West Virginia, and submitted briefs in
- 3:14this case, along with three female
- 3:15athletes that do not want to have to
- 3:18compete against males.
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- 4:21Kristen, thank you so much for doing
- 4:22this with us today. I'm so grateful to
- 4:24you and so proud of you because it went
- 4:26so well uh for the side of sanity today.
- 4:29Give me your take. I gave the audience
- 4:30my quick back of the envelope, but your
- 4:31take is more important and more informed
- 4:33than mine.
- 4:34>> Well, I loved hearing your take first
- 4:36because I you know, I feel like we're
- 4:38all somewhat emotionally invested in it,
- 4:40but when you're sitting in it and you
- 4:41kind of know the ins and outs, um let's
- 4:44just start with the court. I mean, I
- 4:46think overall I agree with your take. 63
- 4:48is probably the way it will result with
- 4:51some concurrences uh as well. I think
- 4:54that the um the argument went very well.
- 4:56I was surprised at well maybe not
- 4:58surprised but delighted by some of the
- 5:01ACLU's concessions. They essentially
- 5:03rolled back their arguments on Title 9
- 5:05alto together even saying that the lower
- 5:07court uh decision that they won under
- 5:10was wrong. So that's great. I think that
- 5:13it the veil was brought back on the fact
- 5:15that they refuse to even define what sex
- 5:19is. So I'm not sure how you can find sex
- 5:21discrimination if you can't articulate
- 5:23what sex is.
- 5:24>> Crazy. Put a pin in that audience
- 5:25because we are definitely coming back to
- 5:27that issue. Keep going.
- 5:29>> And then I mean I don't know. I'm really
- 5:30curious to see what you think about
- 5:32this. And maybe it's because like we
- 5:34have been living these cases out from we
- 5:37started in about 2015. first big stuff
- 5:39comes up 2017 where two boys take 15
- 5:43state championships um from girls. So
- 5:45that's how long we've been in this and
- 5:47I've been with these female athletes.
- 5:49You've interviewed them and we have the
- 5:51privilege of representing three that are
- 5:52in that case and I wanted so badly to
- 5:56just stand up and scream why are we not
- 5:58talking about the women here.
- 6:00>> I don't want to hear about hecks or BPJ.
- 6:03I want to talk about these girls, the
- 6:05girls that are impacted. And it just
- 6:08that's probably what made me most upset.
- 6:10>> That just gave me the chills. That just
- 6:11gave me the chills when you said that.
- 6:13There there were multiple times and it
- 6:15did dawn on me, Kristen, that like the
- 6:17Supreme Court is really one of the last
- 6:19few places where there's true decorum
- 6:21that is maintained. You know, it is very
- 6:23formal. You are expected to behave.
- 6:25Every reporter had a suit on. It's not
- 6:27casual. Every guest that's in attendance
- 6:30there has got their Sunday best on. You
- 6:33may not stand up to stretch. you will
- 6:36sit there and you will obey the rules or
- 6:38you will be promptly ejected. And I like
- 6:40that. I like that a lot. They the judges
- 6:43come in in their robes. It's all very
- 6:44formal. Um but I actually was tempted to
- 6:48break the protocol a couple of times to
- 6:49stand up and be like, "What? What?"
- 6:53Right? like the the nonsense when the
- 6:55lawyer for BPJ in the second case, this
- 6:59is a a boy pretending to be a girl who
- 7:01wants the right to play in girl sports
- 7:03and said
- 7:05the one thing you really shouldn't do in
- 7:07your ruling because he was sensing that
- 7:08they were going to rule against him. And
- 7:10now this lawyer has switched to let me
- 7:13limit my laws here so that it's just
- 7:16these 27 states can uphold their ban,
- 7:18but don't touch my 23 that affirmatively
- 7:21allow this. And so I think it was was it
- 7:25Kagan or was it Katanji Brown Jackson
- 7:27was like tell us what not to rule like
- 7:30tell us exactly how we're supposed to
- 7:32rule um so that we can sort of protect
- 7:34these other rights. And he was like for
- 7:36the love of God don't don't define
- 7:38biological sex.
- 7:40>> What
- 7:43it it's stunning but it that is their
- 7:45argument. I mean you know we've got to
- 7:47look behind the curtain and know what
- 7:49issue in this. It is about biological
- 7:51reality and it is about erasing the
- 7:54differences between men and women and
- 7:56that cannot happen on our watch. It
- 7:58cannot happen. But you know these girls
- 8:00that we're talking about the opening
- 8:02argument of you know BPJ is this
- 8:0411year-old that just wants to have fun.
- 8:06We should have compassion for BPJ. BPJ
- 8:09is obviously very confused and we should
- 8:11treat BPJ with kindness. But let's be
- 8:13clear about this. BPJ has taken 423
- 8:18girls have been affected and lost places
- 8:20since BPJ competed in middle school.
- 8:231100 times this has happened and he's
- 8:25taken 57 medals from the girls. So let's
- 8:28talk to those girls like our client
- 8:30Adelaide Cross who couldn't compete. She
- 8:32was in the top three on her team. He
- 8:35starts, you know, throwing amazing
- 8:38supposedly after puberty blockers, you
- 8:40know, when all this is not supposed to
- 8:41have an advantage, at least from what we
- 8:43heard today, and instead is displacing
- 8:46all these girls. And now Adela wasn't
- 8:48even able to compete in the competition.
- 8:50She was completely knocked out because
- 8:52as Justice Kavanaaugh said today,
- 8:54there's limited number of spots.
- 8:55>> That's right. He was good. Kavanaaugh
- 8:57was good today. Gorsuch was a nightmare.
- 8:58Kavanaaugh was good. Even Chief Justice
- 9:00Roberts was good. We have to talk about
- 9:02Gorsuch in a second. But the thing on
- 9:04BPJ is if you listen to just today's
- 9:06argument because his lawyers were up
- 9:08there saying, "Oh, he wasn't very good."
- 9:11And their briefs were like, "He wasn't
- 9:13good. He he he barely made the track
- 9:15team." And then when he got on, he he
- 9:18wasn't at the front of the pack. And
- 9:20like eventually after a lot of hard
- 9:22work, he moved up a little. But like you
- 9:24would really think this is a Charlie
- 9:26Brown of athletes. And none of those
- 9:28facts that you just said came out today
- 9:31in court. They left everybody there with
- 9:32the impression that this was like not
- 9:34even a middling athlete and like what
- 9:36are you complaining about? This this
- 9:38poor guy was like this little weakling
- 9:41who barely made the team. But Kristen,
- 9:44wasn't this this was the case at which I
- 9:46saw Riley Gaines with the shot putters
- 9:48who who walked out of the shot put
- 9:50circle and said, "I'm not competing
- 9:52against a boy." And he had started to
- 9:54dominate.
- 9:55>> Megan, there is so much to this case
- 9:57that um I mean it's just Yes. It starts
- 10:01with our client Adelaide Across was on
- 10:03the same team as BPJ was competing in
- 10:05the top of um the team and had these
- 10:07spots and you know the first year when
- 10:10BPJ was in sixth grade, she was in
- 10:12seventh grade and during that time um
- 10:14you know she was still in the top spot.
- 10:16By the next year she starts getting
- 10:18knocked out. BPJ allegedly is starting
- 10:20to throw 10 to 20 feet longer and then
- 10:22all these girls are falling off because
- 10:25he's taking these these spots in higher
- 10:27competition. Next thing you know, the
- 10:29five shot put or discus um people were
- 10:33at a different school actually and they
- 10:35protested and said, "We're not competing
- 10:37against a boy. It's not fair to make us
- 10:40do that." So, this is not even BPJ's
- 10:42team or Adela's team. It's a completely
- 10:44different school protesting. And
- 10:46>> yes,
- 10:47>> those girls are punished by their
- 10:49school. Where is
- 10:51>> their protest?
- 10:52>> This is We're showing some of the girls.
- 10:54They got in the circle as though they
- 10:55were going to throw it and then they
- 10:56walked out in protest which takes so
- 10:59much guts. I mean especially in this
- 11:01environment. It was it was an act of
- 11:03true courage for these girls to take a
- 11:05stand. Not not mentioned at all today.
- 11:07And the number like what does the court
- 11:10have to go along with she pronouns for
- 11:14these boys. It was infuriating Kristen
- 11:16because of course it gets to the very
- 11:18issue of why we're all there. Reality
- 11:22matters. actual fact biological pronouns
- 11:25mattered, but the whole the whole court
- 11:29went along with the lie today by using
- 11:31she her pronouns.
- 11:33>> Well, I wouldn't say the whole court
- 11:35did, but I would say some surprising
- 11:37justices did.
- 11:38>> I didn't hear Alto do it. I didn't hear
- 11:40Thomas do it, but I definitely heard
- 11:42Gorsuch do it. I I think I heard Barrett
- 11:45do it.
- 11:46>> Um, and I think I heard Kavanaaugh do
- 11:48it.
- 11:49It is language is so critical and a the
- 11:52court knows that I mean you know
- 11:54majority of the court would consider
- 11:55themselves to be originalists and
- 11:57textualists and but at the same time
- 11:59this decorum that you're talking about
- 12:00no one wants to hurt people no one wants
- 12:03to hurt their feelings or unnecessarily
- 12:05offend and and I think that's how this
- 12:07thing you know the women got steamrolled
- 12:09in the first place is is we don't want
- 12:11to have to confront and hurt people but
- 12:14I think we're getting confused about
- 12:15what compassion and kindness actually
- 12:16looks like because it It can't exist
- 12:18without truth. And so you're right. I
- 12:21mean, even the idea of having to keep
- 12:23track of cisgender and transgender and
- 12:26transgender girls versus I mean, it was
- 12:28it's mental
- 12:30>> cisgender. I find cisgender girl and
- 12:32cisgender woman a slur. I I recoil when
- 12:35I hear that. And I heard it about 12
- 12:37times today from Katanji Brown Jackson,
- 12:39who of course was unable to define what
- 12:42a woman is during her Supreme Court
- 12:45confirmation hearing. and once again
- 12:47today seemed very focused on how to get
- 12:51around defining women and get around a
- 12:54ruling that would help women in any way
- 12:56which she sensed as I think you and I
- 12:58did is coming from the majority.
- 13:00>> Well, remember that in her nomination
- 13:02when she answered that question of she
- 13:04couldn't answer what a woman was, she
- 13:06said she'd need to talk to a biologist.
- 13:08And fortunately, the record is chalk
- 13:10full of them in these cases. Um there is
- 13:13ample science um real biologists that
- 13:17actually know what it means to be a
- 13:19woman and can define it. And uh I
- 13:21believe the court will uphold biological
- 13:23reality in these cases. But man, if
- 13:26today is not a reminder that we have
- 13:28much more work to do and again in the
- 13:31Idaho case as an example, we represent
- 13:34two athletes who were beaten many times
- 13:37by a man at the collegiate level who
- 13:39took the Big Sky Championship. So, you
- 13:41know, there are there's so many
- 13:43different women that have suffered as a
- 13:45result. And of course, we haven't even
- 13:47started talking about locker rooms.
- 13:49>> I know exactly. That's not really an
- 13:51issue here. So, let me just play this
- 13:53this moment where the they Alo called BS
- 13:57on BPJ's lawyer who was trying to say,
- 14:00don't whatever you do in this opinion,
- 14:02do not define biological sex. Because of
- 14:04course, he knew this is going to seal
- 14:06our fate in many cases. God forbid they
- 14:08just say that a woman is a has a certain
- 14:12set of gametes and a man has a different
- 14:14set of gametes. The women's will turn
- 14:15into ovaries, the mans will turn into
- 14:17testes, period. Or a woman can have a
- 14:19baby or a woman has XX chromosome,
- 14:21whatever. Um, they don't want that. And
- 14:24Alto was the first one to break the dam
- 14:27because this guy was getting away with
- 14:28it. Like the last thing you should do is
- 14:30this. And Alo brought some sense. And
- 14:33then I was pleased to hear the chief
- 14:35justice tag team in like, yeah, what
- 14:38Alto said. Here's that moment.
- 14:41>> And what is that definition for equal
- 14:43protection purposes? What does what does
- 14:45it mean to be a boy or a girl or a man
- 14:48or a woman?
- 14:49>> Sorry, I misunderstood your question. I
- 14:50think that the underlying enactment,
- 14:52whatever it was, the policy, the law,
- 14:53the would have to we'd have to have an
- 14:55understanding of how the state or the
- 14:57government was understanding that term
- 14:59to figure out whether or not someone was
- 15:01excluded. We do not have a definition
- 15:03for the court and we don't take issue
- 15:05with the we're not disputing the
- 15:06definition here. What we're saying is
- 15:08that the way it applies in practice is
- 15:10to exclude birthex males categorically
- 15:12from women's teams and that there's a
- 15:14subset of those birthex males where it
- 15:16doesn't make sense to do so according to
- 15:18the state's own interest.
- 15:19>> Well, how can you how can a court
- 15:22determine whether there's discrimination
- 15:25on the basis of sex without knowing what
- 15:27sex means for equal protection purposes?
- 15:31I think here we just notice we we we
- 15:33basically know that the that they've
- 15:36identified pursuant to their own
- 15:37statute, Lindsay qualifies as a birth
- 15:39sex male and she's being excluded
- 15:41categorically from the women's teams as
- 15:43the statute. So, we're taking the
- 15:44statute's definitions as we find them
- 15:46and we don't dispute them.
- 15:48>> Okay, that was in the first case, heck,
- 15:50and then it happened again in the second
- 15:52case with BPJ when there was a male
- 15:53attorney up there. We'll play that in a
- 15:55second. Title N prohibits discrimination
- 15:59on the basis of sex. It's a statutory
- 16:02term. It must mean something. You're
- 16:05arguing that here there's discrimination
- 16:08on the basis of sex. And how can we
- 16:12decide that question without knowing
- 16:15what sex means in Title 9? I mean, it
- 16:17could mean biological sex. It could mean
- 16:20gender identity. It could mean whatever
- 16:23a state wants to define it to mean, but
- 16:25it has to mean something. How can we
- 16:27decide that without knowing what this
- 16:29statutory term means?
- 16:30>> Well, I I think there are a whole range
- 16:33of sex-based characteristics that can
- 16:35give rise to discrimination. I think if
- 16:37someone said, "I'm going to discriminate
- 16:40against anyone who acts in a feminine
- 16:42manner, like anyone with limp wrists, I
- 16:44don't care who they are, but I'm gonna
- 16:46discriminate against them." Like, I
- 16:48think that would be sex discrimination.
- 16:50it would be sort of gender presentation.
- 16:52I would but I wouldn't say that's not
- 16:54covered by Title N. And so I just I I'm
- 16:57not saying that biological differences
- 17:00aren't part of sex.
- 17:01>> You don't think we should have an
- 17:04operating definition of sex in Title 9.
- 17:07Now I understand the idea that
- 17:11um
- 17:12well the question then becomes not
- 17:14whether or not there's discrimination on
- 17:17the basis of sex but whether there's
- 17:18discrimination on the basis of whatever
- 17:20characteristic you think should be
- 17:22included in the definition of sex. Now
- 17:24when it's used as a statutory term I'm
- 17:26not sure you have that kind of
- 17:27flexibility. The question then would be
- 17:29instead what does Congress think the
- 17:32words word means? But he that that's
- 17:34really what it comes down to, right,
- 17:36Kristen? And do you think that they will
- 17:38have the courage to do the very basic
- 17:41work of defining what biological sex
- 17:44means in order to determine a case in
- 17:47which these bans are based on biological
- 17:50sex?
- 17:52I think it's going to be very
- 17:54challenging to resolve the equal
- 17:56protection claim without bringing some
- 17:59sort of definition in on sex and it
- 18:01being related to biological sex. I I
- 18:04mean under the equal protection clause
- 18:06the whole threshold is if when the
- 18:08legislature draws lines are they drawing
- 18:10those lines so that they're treating
- 18:12similarly situated people similarly and
- 18:15so the biological distinctions here
- 18:17matter greatly and I think that you have
- 18:19to define it for equal protection
- 18:20purposes and we all know what it means
- 18:23um you know the only person that doesn't
- 18:25seem to know are are progressive left
- 18:27activists who are actually trying to
- 18:29erase the rights of women and girls
- 18:31across this nation title 7 als Also, I
- 18:34think you just look at the statute which
- 18:36says, is there sex-based discrimination?
- 18:38And the statute itself anticipates that
- 18:41you will separate the sexes based on
- 18:42athletics as well as in living
- 18:45facilities because again, they know what
- 18:47biological sex means and what it meant
- 18:49when the law was passed. So, I I think
- 18:51the court may not want to fully go there
- 18:54in this, but I think you almost have to
- 18:57um to to resolve it, and I sure hope
- 18:59they do. I mean, I just kept thinking,
- 19:01Megan, I can't 10 more years of this is
- 19:04insanity.
- 19:05>> No, no. I mean, by the day, by the day,
- 19:08by the second.
- 19:10>> Well, I think of Adela as an example. I
- 19:13mean, yes, this is about sports, but we
- 19:14all all know that, you know, Title N as
- 19:17an example has just been a weapon used
- 19:19by the last administration, you know,
- 19:21changing the regulations, changing the
- 19:22standards. And as they're doing that,
- 19:25they're opening up locker rooms. BPJ in
- 19:27the locker room. Adelaide Cross under
- 19:29oath multiple times says he comes up
- 19:31behind her, threatens her with sexual
- 19:33assault. The school does nothing because
- 19:36they don't want to have to deal with it.
- 19:38And yet all along, girls and boys are
- 19:40sharing these locker rooms. They have
- 19:42different anatomy and that anatomy plays
- 19:44out in a very real way. Imagine having
- 19:46your daughter being threatened with
- 19:47sexual assault two to three times a
- 19:49week, which is what's going on here. No
- 19:52more. We've got to we got to correct it.
- 19:54>> That So the BPJ case was was the case.
- 19:57It was the Hickox or HECOS, whatever,
- 19:59however you pronounce it, case involved
- 20:01um somebody who was at the University of
- 20:04Boise, right? Um in Boise, Idaho.
- 20:08>> Yes, they were in Idaho.
- 20:09>> Boise State. Okay. So, but this this was
- 20:12a person who was older because they were
- 20:14in college and they wanted to play
- 20:15college sports and but the plaintiff in
- 20:18the other case out of West Virginia was
- 20:20somebody BPJ who um said that they had
- 20:25started puberty blockers like they they
- 20:27knew that they were quote trans as of
- 20:29third grade that they went on puberty
- 20:30blockers straight into cross- sex
- 20:32hormones and therefore never had male
- 20:34puberty and therefore never developed
- 20:36male advantage. By the way, the plainif
- 20:38in the Idaho case who did go through
- 20:41male puberty also argued he had no
- 20:44advantage because he lowered his
- 20:46testosterone levels. And so he's just
- 20:48the same as you and I. You know, as if
- 20:50like Shaquille O'Neal post puberty, but
- 20:54taking testosterone, you know, blockers
- 20:57could would have no male advantage over
- 20:59us because it's all wiped out once his
- 21:02tea levels go down. It's absurd. But we
- 21:05were we were operating under that
- 21:07premise like it was real today in the
- 21:09high court. Um but the BPJ kid was
- 21:12somebody who is a male but at a very
- 21:16young age started to do these cross- sex
- 21:18uh hormones and so on. But you just
- 21:20mentioned something that doesn't come
- 21:21out in the coverage of BPJ which is that
- 21:24there's been an allegation that he
- 21:26repeatedly has been saying to the girls
- 21:29on his teams, you can suck my D. I'm
- 21:32gonna take my D and shove it in your pee
- 21:34and like really vile disgusting stuff
- 21:37which is sexual harassment.
- 21:40>> It absolutely is. And I I mean it's
- 21:42crushing when you talk to Adala. She
- 21:44she's not she's not playing sports
- 21:45anymore. Would you They're in the same
- 21:47high school. They would be on the same
- 21:49team. She has been excluded from her own
- 21:51locker room and her own athletic team.
- 21:53Uh because there's one not equal
- 21:56opportunity, not fair play and he's
- 21:58taken a spot on the team. And then would
- 22:01you go back into that situation? No one
- 22:03would.
- 22:04>> And I wouldn't let my daughter do it
- 22:05either. I'd be a wor I'd be afraid.
- 22:07>> No. Absolutely. And I think when we're
- 22:09thinking about the legal question here,
- 22:11you know, the question is, can states
- 22:13draw legislative classifications and
- 22:16what's the standard that they should be
- 22:17based on when they're reviewed?
- 22:19Certainly, states can recognize that
- 22:21generally speaking, there are advantages
- 22:24that biological males have that that
- 22:27just exist. And so essentially what was
- 22:29being argued today is that we have to
- 22:31create individualized exceptions first
- 22:34of all which would mean I mean I don't
- 22:36even know how a state would pass a law
- 22:37if every time you needed to make an
- 22:40individualized exception and then second
- 22:43on the assumption that sort of the
- 22:45science doesn't support it and that the
- 22:47record's just clear that the science
- 22:49even puberty
- 22:50>> so let's just set that up clearly for
- 22:51the audience they were saying okay there
- 22:53are these laws title 9 is allowed to
- 22:55discriminate on sex and the equal
- 22:57protection clause doesn't ban it. It's
- 22:59been in place for decades. It does
- 23:02differentiate based on sex between boys
- 23:04and girls, but that's been accepted to
- 23:07do it in this fashion and especially
- 23:09based on sports that's been made
- 23:10perfectly clear is totally fine and
- 23:12a-okay. And so these plaintists couldn't
- 23:14get up there and say title nine and the
- 23:16equal protection clause like have to go
- 23:18um because they're discriminatory
- 23:20against our clients. They said, "Oh, we
- 23:22one of the arguments was we deserve
- 23:23exceptions because our clients don't
- 23:26have male advantage." one because they
- 23:28lowered their testosterone and one
- 23:29because they did this drug regimen. And
- 23:31the justices were like, "So, we have to
- 23:34make an exception like just for just for
- 23:37your clients or like for all clients who
- 23:41don't have male advantage and how are we
- 23:43going to figure that out like as a
- 23:44group?" And um like the impossibility of
- 23:48it, Kristen, became pretty clear to me
- 23:50like and and and then we got to the
- 23:51point where the one lawyer in BPJ's case
- 23:54was like, well, I think you know, back
- 23:58on the sex question, you you shouldn't
- 23:59define biological sex in determining any
- 24:02of this because even if you were to go
- 24:05with like the biological sex uh
- 24:07definitions that we could all recognize,
- 24:09there's going to be the XY chromosome
- 24:11kid who's got a limp wrist. He actually
- 24:14said that he's talking about how like
- 24:16some boys have limp wrists and like
- 24:19started arguing about like we should
- 24:20factor that stuff in in figuring out
- 24:23who's going to get an exception and
- 24:24who's not.
- 24:27>> It's completely unadministrable. But but
- 24:30I think that also just the underlying
- 24:32truth of what was being debated in just
- 24:35the sense that boys are treated the same
- 24:37under this law. Girls are treated the
- 24:39same under this law. And the idea that
- 24:42somehow boys who identify as girls need
- 24:46a special exception. What about the many
- 24:48others out there? As you said, maybe
- 24:50shorter. I I'm short. Um what about
- 24:53those who have a disability? What about
- 24:55those who are just on medication and
- 24:57that might impact their performance? Are
- 24:59we doing exceptions for all of those
- 25:01individuals? The fact is the ACLU today
- 25:05made the case that they do believe in
- 25:07sex-based athletics. They do believe
- 25:09that there are differences. They agree
- 25:11to that and they don't want to get rid
- 25:13of those differences. They just want
- 25:15boys who identify as girls to be able to
- 25:17come into the girls category. And we
- 25:19need to ensure that that doesn't happen
- 25:21because women deserve equal
- 25:22opportunities, fairness, and privacy.
- 25:26They um actually got up there and tried
- 25:28to spin us that boys
- 25:33who are on puberty blockers
- 25:37may actually be at a disadvantage.
- 25:40>> That's it. It was crazy. It was like not
- 25:43even puberty blockers. It was I think
- 25:44this was about like a a post-pubescent
- 25:48male who then lowers his testosterone
- 25:50like like the first plaintiff in Hickox
- 25:53that that person's at a disadvantage
- 25:56versus biological girls and here's how
- 25:59that was spun by attorney Kathleen
- 26:01Partnet s 11
- 26:03>> I I do think that's the most prudent but
- 26:04definitely on a record that's more
- 26:05developed because I think a lot of I
- 26:07think in the end of the day it might end
- 26:08up being a surprise to we don't know yet
- 26:10but I think we have some good evidence
- 26:12that actually at the end of the day
- 26:13being transgender woman. Um, actually to
- 26:16the extent there are and you've
- 26:18repressed your testosterone, you're at
- 26:19somewhat of a disadvantage in many ways
- 26:21because you have again this larger frame
- 26:23with weaker muscles and no testosterone.
- 26:27Uh, okay. By the way, it's not no
- 26:30testosterone. That's a lie, too. They
- 26:32just get their testosterone levels down
- 26:34to something closer to what a female
- 26:37would have, but they still have all the
- 26:39advantage of male puberty and male bone
- 26:42length and strength and heart and lung
- 26:44capacity and all the rest of it.
- 26:47>> You mean like you mean like Will who
- 26:49goes by Leah Thomas? Is that is that
- 26:51Yeah.
- 26:51>> Is that what you're talking about there?
- 26:53>> Exactly. That's a great example because
- 26:55people can see it with their own eyes.
- 26:57Like that's a postpubescent male who
- 27:00tried to pawn himself off as female and
- 27:03puberty blockers or whatever
- 27:05testosterone, you know, pills to to
- 27:07lower it or not. You can see with your
- 27:09own eyes he's got an advantage over the
- 27:11females.
- 27:12>> Well, the science tells us that they're
- 27:14denser bones, longer bones, that all of
- 27:16these physical advantages don't go away
- 27:17with puberty blockers. Um this again the
- 27:20science confirms that even after puberty
- 27:22blockers there are inherent physical
- 27:24advantages that boys have that girls
- 27:27simply don't and they never will and
- 27:30again I think it underscores the and
- 27:32also I just want to say this why would
- 27:35we create an incentive for children to
- 27:38go on puberty blockers particularly when
- 27:40the court has already just said in
- 27:41scretti that hey this is a medical
- 27:43experiment and we're you know have some
- 27:46concerns about that and the state should
- 27:48be working these things out right now.
- 27:50So I I think there's just a lot of
- 27:51implications to that argument, but the
- 27:53science is clear and again so are the
- 27:55rights of the states to be able to draft
- 27:57reasonable legislative classifications
- 27:59that are based on sex. And really what's
- 28:01being done here is an argument to say we
- 28:04don't really mean sex, we mean gender
- 28:06identity. And we know that that
- 28:08essentially erases women.
- 28:10>> Yes. Exactly. Right. And so
- 28:12unfortunately for us though, we're stuck
- 28:14with Bast which was a Supreme Court case
- 28:16deciding that under title 7, which
- 28:18governs employment, gender identity is a
- 28:21protected class and you cannot refuse to
- 28:26hire somebody based on their gender
- 28:27identity, which is just really crazy. I
- 28:29mean, it's crazy. Just the other day,
- 28:31Christian, we played a tape that a young
- 28:33girl at a Planet Fitness out in
- 28:35California took of an allegedly trans
- 28:38person, a guy pretending to be a girl,
- 28:39in the women's locker room at Planet
- 28:40Fitness in California. Not to get too
- 28:43graphic, but clearly he was pleasuring
- 28:44himself in the women's bathroom stall.
- 28:47And you could see it, not based on, you
- 28:49couldn't see him exactly, but you could
- 28:51see the shadow down below. And this
- 28:52clever girl took a video of the shadow,
- 28:54which clearly showed what he was doing.
- 28:56And you and I both know that the vast
- 28:58majority of these maleto-female alleged
- 29:00trans people are autogophiles who are
- 29:03actually not gender confused. They're
- 29:05getting off in a sexual fantasy that
- 29:08gets they in which they get turned on by
- 29:10dressing like women and being around
- 29:11women while they do it. And nonetheless,
- 29:14we had to be subjected to uh, you know,
- 29:17the court talking about these people
- 29:18like they're, you know, into in in in
- 29:21Bastto like they're just like you or me
- 29:23or they're just like somebody who's like
- 29:25a black person who has an immutable
- 29:27characteristic that's, you know, skin
- 29:28color or a woman who's got an immutable
- 29:30characteristic that's, you know, her
- 29:31lady parts. And they they actually gave
- 29:34them the protection of the law saying
- 29:35you have to hire these people. So if
- 29:36this guy who was pleasuring himself in
- 29:38the planet fitness comes into my my
- 29:40company and he wants me to hire him and
- 29:43I know that he's probably an
- 29:45autogophile, I can't say no because of
- 29:47Bostock. Thanks Neil Gorsuch. He wrote
- 29:50the opinion and so we have to deal with
- 29:53that finding. But they did accept they
- 29:55excluded bathrooms and locker rooms and
- 29:58now today the question is are sports
- 29:59also excluded from that? And I think
- 30:01it's going to go the right way. But can
- 30:03you just give me your what did you make
- 30:04of Gorsuch today because I was alarmed
- 30:07by him?
- 30:09>> Well, Bostock um is a decision that
- 30:12we've essentially been litigating around
- 30:14since it came out. Um we believe it's a
- 30:17wrongly decided decision and a poorly
- 30:19reasoned decision. Um and I I've had
- 30:22Justice Gorsuch rule in some of the
- 30:23cases that I've argued and write the
- 30:25opinions and he's done an a fabulous
- 30:27job, but Bostock is not one of them. Um,
- 30:30and I think his comments today were
- 30:33concerning in the sense of um, talking
- 30:36about whether we should essentially
- 30:38equate uh, those who identify as the
- 30:40opposite sex to some sort of special
- 30:42class status under the law that would be
- 30:44akin to race. But, you know, we don't
- 30:46know the reasons he was asking those
- 30:48questions. Um, so it might have been
- 30:50that he was trying to get to a place to
- 30:52resolve the case in a more
- 30:54straightforward way. But let me say
- 30:56this. I mean, justice, we have been
- 30:57litigating these cases for 10 years and
- 31:00and that issue of, you know, whether the
- 31:01states must uh essentially protect
- 31:04women, that's we have a normal argument
- 31:06in that in two days. Um so, you know,
- 31:08we're we're covering the landscape. We
- 31:10are continuing
- 31:12>> at the lower court, right? At a lower
- 31:13court.
- 31:13>> Well, at the eighth circuit court of
- 31:15appeals, so it's not too much lower. Um
- 31:17I mean, these are on their way up right
- 31:19now, so it won't be long.
- 31:21>> How is that looking? because like I was
- 31:23so discouraged that they Gorsuch did not
- 31:26seem like he's going to rule in our
- 31:27favor on that one. Um Kavanaaugh seemed
- 31:31like he wasn't going to rule in our
- 31:32favor on that one and we can lose one
- 31:35but we can't lose two.
- 31:37>> I think we don't know when the issues
- 31:39actually presented and it underscores
- 31:41the importance of the American people.
- 31:43It underscores the importance of who we
- 31:45elect in terms of the legislators that
- 31:47are passing laws and the legislative
- 31:48history that they put in place. Um, I
- 31:51would not give up on that argument. I
- 31:52think that there's a reason even the
- 31:54Department of Justice today in the
- 31:56argument said, you know, we're we're not
- 31:58going to take a position on that and on
- 32:00equal protection and we actually believe
- 32:01Title 9 protects girls in these
- 32:04instances. And when it comes to Justice
- 32:06Gorsuch, again, I think there are easy
- 32:08ways to distinguish Bostock, that was
- 32:11about whether in a hiring and firing
- 32:13situation, um, and you had to take
- 32:15account of sex in that instance, that
- 32:18sex was like what it turned on, whether
- 32:20that qualified, um, under the statute as
- 32:22sex discrimination. In this context
- 32:25where we're truly talking about gender
- 32:27identity, the the hinge point is not
- 32:29sex. A boy who identifies as a girl is
- 32:32treated the same as a boy who identifies
- 32:34as a boy. That's not sex discrimination.
- 32:37And states have the right to make
- 32:39distinctions on the basis of our
- 32:40biological differences. So, we're going
- 32:42to keep going. And I think eventually
- 32:45we're going to win. And if we don't,
- 32:48I worry about Western civilization just
- 32:50candidly. I mean, I think that's how
- 32:52important this issue is that we can
- 32:54>> we can talk about what we know to be
- 32:55true in human biology.
- 32:57I'm honestly I just have to reiterate I
- 33:00I'm so grateful to you. I It's one thing
- 33:03to sit in the anchor chair and get
- 33:04outraged at these stories and there is a
- 33:06role for bringing attention to them in
- 33:09the media. Um, so I'm not completely
- 33:11discounting the press in this, but and
- 33:13and usually they've been a force for
- 33:15evil, but there it takes someone like
- 33:17you to get off the couch, get up early,
- 33:22file the briefs, go through the
- 33:24litigations, which are just painstaking
- 33:26and tedious and the interrogatories and
- 33:28the depositions and the motions to
- 33:30dismiss and the motions for summary
- 33:31judgement and then the motions for
- 33:33appeal and then the appellet briefs back
- 33:34and forth and then the oral arguments
- 33:36and then appeal up to the next level and
- 33:37then it's like it's so much work and I I
- 33:42know it cuz I used to do it for a living
- 33:43and I just I am so grateful to you for
- 33:47doing it over and over and over to make
- 33:52sure these things come out right and
- 33:53it's on all cultural issues but this one
- 33:55is the one of our time. Kristen, I'm
- 33:57just I I can't imagine how when you go
- 33:59back and you talk to the girls like the
- 34:01girls in this case, what what was their
- 34:03reaction? How are they feeling?
- 34:05>> They're excited. They're relieved that
- 34:07the argument came. But I I mean I'll
- 34:08tell you as we're getting ready
- 34:10yesterday, you know, there's some
- 34:11there's some emotion involved about
- 34:13being, you know, having your face all
- 34:15over and what does it mean in terms of
- 34:17the hate that you get? And um and yet
- 34:20they're strong and they're courageous
- 34:21and I believe they've unleashed warriors
- 34:23by by taking this battle on. Um MK and
- 34:26Maddie, they're passionate about this
- 34:28issue. They receive scholarships under
- 34:30Title N, scholarships that um you know,
- 34:33if they hadn't received them, they might
- 34:35not have been able to go to school. and
- 34:37laning is the same. And then we've also
- 34:39been able to partner with Attorneys
- 34:41General Labrador and McCusky in West
- 34:43Virginia and Idaho and they have stood
- 34:46strong in this from the very beginning
- 34:47as we've represented the states uh
- 34:49alongside them. So there are bright
- 34:52lights in this but it takes endurance
- 34:54and grit and just as you said it takes
- 34:56the media, it takes your voice. That's
- 34:58what's helping us turn this corner. It's
- 35:00it's ordinary Americans and it's
- 35:02Americans who have a platform saying
- 35:04we're going to stand for truth. We're
- 35:06contending for our girls.
- 35:08>> These girls you just named and that we
- 35:11just showed, all of whom have been
- 35:13disadvantaged by boys pretending to be
- 35:15girls playing in their sports, are not
- 35:17going to get a puff profile done on
- 35:20them. They're made out to be villains.
- 35:24And while the attorney stood up there
- 35:26today, the female attorney uh for Hickox
- 35:28and said, "Oh, I would never call them
- 35:30bigots." You know, because there was a
- 35:32question, "Are they bigots?" "Oh, I
- 35:33would never call them." The reality is
- 35:35that the the trans side does call
- 35:38virtually every girl who comes forward
- 35:40to stand up for herself a bigot, a
- 35:42transphobe. So that's fine. You can say
- 35:44that to the US Supreme Court. Those of
- 35:46us who live in the real world have heard
- 35:47you and the ACLU and the trans lobby do
- 35:51that every single day since we started
- 35:54fighting back. Um this is instead what
- 35:57you get. You get a profile like this
- 35:59from ABC News. This is on BPJ. Uh, this
- 36:02is just this past Monday where I I
- 36:05didn't I didn't hear about any of the
- 36:07controversy that you and I just
- 36:09discussed. This is how it sounded. S.
- 36:14>> With each throw of the discus, Becky
- 36:17Pepper Jackson strives for perfection.
- 36:19>> I put time in over the summer and after
- 36:22practices just trying to improve my
- 36:24technique and get better.
- 36:25>> The high school sophomore from
- 36:27Bridgeport, West Virginia, was born into
- 36:29a family of runners. consistently at the
- 36:32back of the pack. A coach instead pushed
- 36:34her to learn to throw.
- 36:36>> My times were too slow and she didn't
- 36:37want me to not make the team. So, she
- 36:39introduced me to shot put and discus.
- 36:41And that's when I just fell in love with
- 36:42it.
- 36:43>> Becky's throws earned her a spot in the
- 36:45state championship last season. The
- 36:47first time the only known openly
- 36:49transgender athlete in West Virginia in
- 36:52any sport took a top prize.
- 36:54>> Your teammates don't see a difference in
- 36:56your performance or your presence?
- 36:58>> No. Most of them are really kind. They
- 37:00support me all the way. It's just like
- 37:02being any other person on the sports
- 37:03team.
- 37:04>> She may be embraced by some teammates,
- 37:06but she's been protested by other
- 37:08athletes and targeted by state
- 37:10lawmakers.
- 37:11>> Targeted. It's a failed Devon Dwire of
- 37:14ABC. That's that's what we get about
- 37:17about Becky who's outed herself and her
- 37:20identity as opposed to what we hear
- 37:22about the other girls, the alleged
- 37:23bigots. Kristen.
- 37:24>> Well, a number of her teammates actually
- 37:26had to wear their track uniforms
- 37:28underneath their clothes or wear their
- 37:29track uniforms to school because they
- 37:30didn't want to have to share a locker
- 37:32room with BPJ and a boy. A number of the
- 37:34teammates have been displaced. Um,
- 37:36exactly, you know, 423 girls again that
- 37:39BPJ has competed against in the course
- 37:41of the last several years have lost
- 37:44their positions, 1100 times and again 57
- 37:46medals. So, you know, some of those
- 37:48girls are afraid to talk because of the
- 37:50treatment that they get. And that's all
- 37:51a part of the design, the bullying that
- 37:54goes on. But again, as this injustice
- 37:56occurs, as we bring light to it, more
- 37:58and more girls are coming forward. I'm
- 38:01sure you saw a recent UN report says
- 38:03there have been up to upwards of 900
- 38:05medals lost.
- 38:06>> Yes. I was glad that that came out
- 38:08today.
- 38:09>> I was very glad that came out today
- 38:10because the one lawyer got up there and
- 38:12was like, "Oh, this is BPJ's lawyer."
- 38:14and and uh the lawyer was like, "Oh,
- 38:17there were no cuts." So, BPJ did not he
- 38:19didn't cost anybody their place on the
- 38:21team. And he wasn't very good, so he
- 38:23didn't cost anybody, you know, any
- 38:25medals or scholarships. And and I think
- 38:28it was in rebuttal, but one of the other
- 38:29lawyers got up there and said, "Let me
- 38:31give you the stats." Like the UN just
- 38:33came out with this report. It was like
- 38:35900 girls lost or 600 girls lost 900
- 38:38medals to boys playing. This is a lie.
- 38:40They continue to tell it. John Oliver
- 38:43told this lie on his show. My daughter's
- 38:45uh history teacher last year told this
- 38:47lie to her and her friend, saying that
- 38:50this is it's not happening, Kristen.
- 38:52There just really aren't boys playing in
- 38:54girls sports taking their medals.
- 38:56>> Well, a significant portion of our work
- 38:58has been dealing with how gender
- 39:00ideology is affecting all Americans and
- 39:03frankly all around the world. Um you
- 39:05know the UN report as an example was a
- 39:07central feature of a hearing that we
- 39:09testified at along with the author of
- 39:11that report and Sharon Davies an example
- 39:13this is happening around the world where
- 39:15they are losing these medals in addition
- 39:17when we talk about the work that
- 39:18Alliance Defending Freedoms had to do in
- 39:20these areas you know lies can't exist
- 39:22without censorship taking place and so
- 39:25we have to ensure that we can continue
- 39:26to speak freely and have the right to
- 39:29raise our kids consistent with the
- 39:30belief that men and women are different
- 39:32and to celebrate that And that's the
- 39:35underlying issue here and what's really
- 39:37going on. The last thing I I want to
- 39:39make sure is clear. It, you know, it's
- 39:41it's not about not having a team to play
- 39:44on. It's that athletics biological
- 39:46differences matter. And so the
- 39:48biological boys need to play in their
- 39:50category. And the girls play in theirs
- 39:53or they can play co-ed. actually the
- 39:55girls even who identify as boys can play
- 39:58in the boys category because the laws
- 40:00recognize these biological distinctions
- 40:02and say no the girls don't have an
- 40:04unfair advantage. So again I I think
- 40:07that the issues get distorted in the
- 40:09press and how they're recounted. Um but
- 40:11I am optimistic that the court's going
- 40:12to rule the right way. I am also
- 40:15resolved that we have a lot more work to
- 40:17do before we ensure that the next
- 40:19generation doesn't have to deal with
- 40:21this ideology that crushes people and
- 40:23families.
- 40:25>> Yes, we will cover the eighth circuit
- 40:26argument that you have coming up in two
- 40:28days. I will see you tonight and again
- 40:31my profound thanks to you and Alliance
- 40:34Defending Freedom.
- 40:35>> We're looking forward to celebrating
- 40:36tonight. So, thanks for joining us at
- 40:38it.
- 40:38>> Oh, I can't wait. Um, okay. Okay, so
- 40:41Kristen had a run, but I do want to just
- 40:43give you a couple of thoughts of my own.
- 40:44I didn't want to suck up the top of the
- 40:45hour. I wanted to get right to her. I'm
- 40:47just going to give you a couple thoughts
- 40:48of my own on today in addition to what
- 40:50we just discussed. I I'm sorry, but I
- 40:53cannot believe that Katanji Brown
- 40:55Jackson is a US Supreme Court justice.
- 40:57Um, everything she asked was
- 40:58ideological. Every single question
- 41:01seemed designed to promote or justify or
- 41:05give her the ammo to support her
- 41:07ideology. Um, I didn't even understand
- 41:10exactly what she was saying in some of
- 41:13these questions. I was just sort of like
- 41:14the dog that its head like, "Huh?
- 41:16Huh?" Soayor, same. Uh, Alo a hero.
- 41:20Roberts was great today. Thomas, of
- 41:23course, stalwart. Gorsuch, uh-uh.
- 41:27Kavanaaugh,
- 41:28uh, pretty good. Pretty good, I thought.
- 41:30Not totally sure where he's going on the
- 41:33second round. you know what what to do
- 41:36about the 23 blue states that have laws
- 41:38allowing it because we need those struck
- 41:40down. We need to win these laws. The
- 41:42bans need to be upheld and the laws
- 41:44allowing it need to be struck down
- 41:45because women's rights are women's
- 41:47rights period. These girls have the
- 41:49right to participate in their own sports
- 41:51without boys coming in and under title N
- 41:53as well. So both of those things are
- 41:54equally important and we'll see you know
- 41:57we'll see on part two. I
- 41:59Barrett, Gorsuch, and Kavanaaugh seemed
- 42:03a little shaky to me on that second
- 42:05piece of it. Surprisingly, I kind of got
- 42:07a good vibe from Roberts on it.
- 42:09Definitely Alto and Thomas. So, we'll
- 42:12see. Elena Kagan is smart. She's not,
- 42:15you know, she's a lib. U but she's like
- 42:18a normal lib who asks normal lib
- 42:20questions. She's not some insane
- 42:21lunatic. Soayor is a partisan hack who
- 42:25doesn't seem like she's going to make it
- 42:26another five years on the bench. I mean,
- 42:28she truly was like sloavvenly. Can you
- 42:30be sloavvenly while sitting on the high
- 42:32court bench and like your robe and
- 42:34you're down here like hello over here
- 42:37over here Sonia? Um, and just overall I
- 42:42love the Supreme Court. I love listening
- 42:43to the arguments. It was, you know, I'm
- 42:45not going to last lie. It took like 4
- 42:47hours, so it was a little long and uh
- 42:50could have been a little snappier, but I
- 42:52love being back there. It's such a
- 42:53distinguished, beautiful body and um
- 42:57we're lucky to have them and we are
- 42:58super lucky to have the majority right
- 43:00now. I think this case is going to come
- 43:01out the way we want. Fingers crossed.
- 43:03Say a prayer. Literally say a prayer
- 43:05because I do think God has a role in
- 43:07making sure this wrong gets writed. Uh
- 43:09God bless Christian and don't forget
- 43:11Alliance Defending Freedom does take
- 43:12donations. So, if you want to help or
- 43:14support those guys, highly recommend. Up
- 43:16next, Andrew Claven is here. Don't go
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- 44:15Don't wait. Here with me now, Andrew
- 44:17Claven. He's host of the Andrew Claven
- 44:19Show on the Daily Wire and author of the
- 44:21novel after that, The Dark. Andrew,
- 44:25welcome back. It's great to have you.
- 44:27Um, I'll just ask you quickly. I I don't
- 44:29know if you've been following the
- 44:30coverage of today's Supreme Court
- 44:31arguments, but it was a theater of the
- 44:34absurd with the preferred pronouns being
- 44:37used by everybody, biological reality
- 44:39out the window, cisgender being thrown
- 44:43around there, which is a slur. It I
- 44:45don't need cisgender woman. I'm a woman.
- 44:47That's it. Period. For those of us who
- 44:49are actual women, don't call us
- 44:50cisgender. We're women. Period. Nothing
- 44:52comes before it. Nothing comes after it.
- 44:55And then these lawyers standing up there
- 44:56trying to argue that a male who went
- 44:59through male puberty has no biological
- 45:01advantage over a woman so long as he's
- 45:03taking something to suppress his
- 45:04testosterone a little bit. I mean, it
- 45:06was just insane.
- 45:07>> Well, it's it's insane. The whole
- 45:09situation is so insane that a a college
- 45:11professor who's unhappy with her own
- 45:13sexuality can write a a theory and talk
- 45:16an entire nation, an entire culture
- 45:18really, out of one of the essential
- 45:20facts of human life. Not one of the
- 45:22essential facts of human life. One of
- 45:24the greatest facts of human life. The
- 45:25thing that from which most of our joy
- 45:27comes from, most of our pleasure comes
- 45:29from, our lives come from, the
- 45:31difference between men and women, which
- 45:32is supposed to be something that we
- 45:33celebrate and love even as it causes us
- 45:36all the troubles that romance causes us.
- 45:38And it's just amazing that a theory, a
- 45:41theorist with no scientific backing,
- 45:43with absolutely all the science speaking
- 45:45against her, can talk a culture out of
- 45:47that. Uh that's an amazing power that we
- 45:51give to intellectuals and to academics
- 45:53who are coming out of just their own
- 45:55heads without consulting anything. Why
- 45:58there should this should even be a
- 46:00conversation and you guys I heard you
- 46:01guys talking about Gorsuch his decision
- 46:03in Boto from a guy who says he's an
- 46:05originalist. Nobody who originally wrote
- 46:07a law was thinking of anything but women
- 46:10when they mentioned women or anything
- 46:11but men when they mentioned men. And so
- 46:13there's absolutely no reason, you know,
- 46:16to to accept even people crossdressing,
- 46:18which can be offensive in a society.
- 46:20There's absolutely no reason why you
- 46:21should have to hire somebody who is
- 46:23cross-dressing simply because a woman
- 46:25can wear a skirt so a man can wear a
- 46:27skirt. No, we live in a society. Our
- 46:29society has traditions and norms and in
- 46:31if you're in business, you want those
- 46:33traditions and norms to be uh upheld.
- 46:35But far beyond that, if you're dealing
- 46:38with the actual physical differences
- 46:39that come up and are so important in
- 46:41sports, you know, you have to deal with
- 46:44them. And I I'm somebody who I love NFL
- 46:46football and I watch these guys run into
- 46:48each other in ways that would break my
- 46:50bones. I can only I can't even think of
- 46:52what would happen if they ran into a
- 46:53female. And so if you follow this to its
- 46:55absolute logical conclusion, you simply
- 46:57have dead bodies lying over a hundred
- 47:00yard field. You know, it's insane. It is
- 47:02insane. And the fact that we can be
- 47:03talked out of reality by a college
- 47:05professor's theory or or a movement that
- 47:08basically backs it up by screaming at
- 47:10people uh is insane on its face.
- 47:12>> And to see the US Supreme Court have to
- 47:14go along with it. I mean, the the
- 47:15conservatives were just being polite and
- 47:18trying to maintain decorum. They don't
- 47:20believe this. They do not believe you
- 47:22can call a he a she or that a man can
- 47:24become a woman. There's just no way. But
- 47:26we all had to engage in this false
- 47:28today because that's what you
- 47:30do with the US regard. was not fun to
- 47:32listen to in that in that way. Okay,
- 47:34let's keep going. There's so much news
- 47:35and I don't have you for that much long
- 47:36for that for that a long time. I want to
- 47:38hit Minnesota where there is new video
- 47:41today um revealing I think I don't know
- 47:45who this is. There are reports that it's
- 47:46Renee Good's partner or wife um but I
- 47:50don't think it actually is. I think it's
- 47:51somebody else who videotaped the whole
- 47:52thing from behind the confrontation. But
- 47:55would you listen to the question this
- 47:59person shouted at the cops after Renee
- 48:01Good was shot after she accelerated her
- 48:04car into an officer? STOP 51.
- 48:07>> WHY DID YOU ASK ME a
- 48:21>> Why did you have real bullets in
- 48:24>> Yeah. Yeah. Well, I mean, I think that
- 48:25tells you everything you need to know.
- 48:27It's a game. It's theater to them.
- 48:29Everything in this has been theater.
- 48:31When you have uh the mayor basically
- 48:33deciding the case after looking at one
- 48:35of the many, many videos that are very
- 48:37difficult to interpret. When you have
- 48:39the governor of the state come out and
- 48:41say that he's going to call out the
- 48:43National Guard essentially to fight with
- 48:46federal forces, which is a declaration
- 48:48of civil war. It's all fun in games and
- 48:51it's all makeelieve and it's it's
- 48:53absolutely it's really disturbing. I
- 48:56mean, this is a conversation that I feel
- 48:58was interrupted after uh Charlie Kirk
- 49:01was murdered. The the revelation of just
- 49:03how violent, how lawless, how
- 49:06destructive the left is in this country
- 49:09while claiming that the right is all
- 49:11those things. There are obviously always
- 49:12going to be bad guys on both sides. But
- 49:14that's not the issue. The issue is this
- 49:16is a movement that is anti the founding
- 49:19of this country that believes it has the
- 49:21right to commit acts of violence that
- 49:22will talk you out of it's burning down
- 49:25uh a city. They say they'll tell you
- 49:27that that's not an act of violence
- 49:29because it's an act against property as
- 49:31if property were not an extension of the
- 49:32people who build it and the the uh place
- 49:35that holds their hopes and dreams and
- 49:36lives. I I just think you know this is a
- 49:39reality that I don't feel the right has
- 49:41gotten its its its head around. I mean,
- 49:43I am I am all for, as you know, you and
- 49:45I have talked about this. I am all for
- 49:47dispelling and intellectually
- 49:49browbeating the the Jewers and the
- 49:51conspiracy theorists among us, but we we
- 49:54have got to bring the right together. I
- 49:56mean, and I'm when I'm when I say this,
- 49:58this left is so violent and so lawless
- 50:01and and so dangerous. And we defeated
- 50:03them. We defeated them in the last
- 50:04election not just because of the great
- 50:06candidacy of Donald Trump, but because a
- 50:09fallank of rebel media that included
- 50:12Megan Kelly and Ben Shapiro and the
- 50:14Babylon B and even guys who are not that
- 50:17political like Joe Rogan and even people
- 50:18on the left like Bill Maher who at least
- 50:21believe in freedom. These people have
- 50:23got to stick together and stop
- 50:24squabbling among themselves because I
- 50:27totally agree the threat we face is so
- 50:30>> I will say for the record one's attempt
- 50:32to forge you know reconciliation in this
- 50:35lane can go completely un unrewarded and
- 50:39can wind up being
- 50:40>> feal it's insane I I well I listen I
- 50:42agree and especially on social media
- 50:44where people forget that they're t
- 50:45talking to actual other human beings and
- 50:48use kinds of language against each other
- 50:50that is completely uncalled or you know
- 50:52I think in the in the battle of ideas
- 50:54that is one thing and the battle of
- 50:55ideas is serious and I think we should
- 50:57all take it seriously but in the
- 50:59absolute personal attacks that I see on
- 51:01the right I I I think they they're not
- 51:03taking the left as seriously as they
- 51:05should and they're not remembering
- 51:06>> that's the enemy
- 51:08>> that's the enemy what's happening in
- 51:10Minnesota proves that better than
- 51:11anything like
- 51:12>> it's and and it's not just like the
- 51:14crazy loons leftists who are like crying
- 51:17on camera who are kind of funny it's the
- 51:19ones who are actually out
- 51:21They're they're they're threatening to
- 51:22kill us. They're loading their guns.
- 51:25They're doing videos of it and they're
- 51:26saying they're going to take out yes,
- 51:28ICE agents, which is bad enough, but
- 51:29also MAGA. Like literally threatening
- 51:31us, which they just did with Charlie.
- 51:35They celebrated the murder by Lu Luigi
- 51:37Manion of the that guy wasn't MAGA, but
- 51:40like they're they're fine with political
- 51:41violence. That's like what I've been
- 51:43trying to say all along, Andrew, is like
- 51:45we do have defined enemies and we must
- 51:47band together in defeating them because
- 51:49it's like they're it's at a crescendo
- 51:52right now. It's it's almost at like a
- 51:54genuinely frightening crescendo on the
- 51:55left and and they're pointing to us
- 51:57saying we're the ones crescendoing it.
- 51:59>> That's right. That's right. They can
- 52:00pick out the the outsiders among us and
- 52:02make believe that they're the same as
- 52:04the insiders among us, the AOCC's and
- 52:06the mayor of the city of New York who is
- 52:08what really one of I think one of the
- 52:10worst people in the country. and and
- 52:12really has to be they have to be battled
- 52:14and and you know we forget so quickly
- 52:16and this is partly the media does this
- 52:18even to people on the right. We forget
- 52:20so quickly what happened under the Biden
- 52:22administration. The parents protesting
- 52:24uh pornography, homosexual pornography
- 52:26in their elementary schools who were
- 52:28threatened with investigation by the FBI
- 52:30as terrorists. The the people who went
- 52:32to Latin mass who were threatened by the
- 52:34FBI. The people knocked off social media
- 52:37for their opinions including the
- 52:38president of the United States. you
- 52:40know, were banned and silenced. We came
- 52:43this close to losing our First Amendment
- 52:45uh under the Biden regime. And it was it
- 52:47really was close. And we got to remember
- 52:50the the power that we have amassed by
- 52:53being a fearless rebel media uh that
- 52:56that speaks its mind and that makes that
- 52:59allows people in. You know, when I
- 53:00mentioned Bill Maher, I mentioned him on
- 53:01purpose because I always have respected
- 53:03him. Even though I disagree with him 85%
- 53:06of the time, I've always respected the
- 53:07fact that he'll bring on Anne Coulter,
- 53:09that he'll talk to Ben, you know, he'll
- 53:10talk to anybody basically because he
- 53:12believes in the founding. I think that's
- 53:14the battle we're in. It's not between
- 53:16left and right. It's between those who
- 53:17believe in the founding of this country
- 53:19and why we wrote the laws the way we did
- 53:21and why we set up the Constitution the
- 53:22way we did. And the people who don't
- 53:24believe it, they just believe, oh, it
- 53:25was a bunch of white guys who hated
- 53:26black people and they own slaves and and
- 53:28that's evil and let's knock down their
- 53:29statues and build statues of George
- 53:31Floyd instead. I mean, those people are
- 53:33not just crazy. They are freaking
- 53:36dangerous and they're close. You know,
- 53:37they not only dominate one of our major
- 53:40two parties. They are absolutely in
- 53:42control of one of our our major two
- 53:44parties, which was not always the case.
- 53:46But they also dominate our huge swaths
- 53:49of our press. And you know, I think that
- 53:51even even some of the press that I would
- 53:53call right leaning, they don't
- 53:56understand it. They do not understand.
- 53:58>> Listen, let me let me play you a little
- 54:00sampling, okay? This is Democrats and
- 54:02media, but I repeat myself, but just
- 54:04take it. Here's a little flavor of how
- 54:05they've been talking about uh the
- 54:07Minnesota case 53.
- 54:14>> That ICE agent murdered a woman in
- 54:16Minneapolis.
- 54:17>> This officer not only needs to be fired
- 54:20and suspended, but based on the video,
- 54:23he needs to be charged with murder.
- 54:25>> I'm mad. I'm pissed off. This looks like
- 54:27murder. ICE has gone rogue. That officer
- 54:32needs to be arrested and prosecuted.
- 54:35>> When I look at that video, I see murder.
- 54:38>> I will not be gaslight lit by
- 54:41these people. Jonathan Ross murdered
- 54:43her.
- 54:44>> Okay, here's one more. S 52. This is the
- 54:47newly reformed CBS News. The reporter
- 54:50Nicole Saganja.
- 54:53DHS this weekend released a video
- 54:55showing the minutes leading up to the
- 54:57murder of Renee Good. She and others are
- 55:00heard honking car horns.
- 55:03Trump administration officials have
- 55:04claimed she intended to ram ICE agents
- 55:07before she was shot.
- 55:08>> Well, there's only two options, Andrew.
- 55:10It's either stupidity or intentional
- 55:12malfeasance. What?
- 55:13>> It's intentional. It's intentional
- 55:15malfeasance. Listen, even though you
- 55:16guys were talking about language when
- 55:17you were talking about the Supreme Court
- 55:19and even the language they use when they
- 55:21say you have a right to protest in this
- 55:22country. Absolutely. If you want to
- 55:24stand off on the sidelines with a sign
- 55:27saying if you're really really nice, you
- 55:28get to break our immigration laws, go
- 55:31right ahead. But these people are
- 55:32throwing things at federal law
- 55:34enforcement officers who are actually
- 55:37doing what they are hired to do. It's
- 55:39not like they're breaking the law. It's
- 55:40not like they're being abusive. They are
- 55:42actually doing what they're supposed to
- 55:43do, which is enforce federal law. And
- 55:45and people are debating whether the
- 55:47wheels were turned quite toward the
- 55:49agent when she tried to run him over and
- 55:51and are saying, "Well, he could have
- 55:52jumped out of the way or, you know, he
- 55:54should shoot to wound like on an episode
- 55:56of the Lone Ranger television program
- 55:58from the 1950s." You know, it's like
- 56:00it's like it's nonsense. I mean, these
- 56:02are guys the the main thing you want in
- 56:04this situation is that law enforcement
- 56:05goes home safe. That's the that's the
- 56:07main thing I want. I want them to know
- 56:08that law enforcement can enforce our
- 56:10laws and go home to their families
- 56:11without being injured. And if you're out
- 56:13there injuring them, you know, listen, I
- 56:15am not somebody at all who is
- 56:17celebrating the death of uh of Renee
- 56:20Good. You know, that's not at all what
- 56:21I'm doing. I'm just saying, you know,
- 56:23when when you do that to a law
- 56:25enforcement officer, you're risking your
- 56:26life. And it's not his fault if you lose
- 56:28it. That is the only thing. And it's
- 56:30terribly sad and it's terribly bad, but
- 56:32it's not the fault of the officer at
- 56:34all. And that's the the general
- 56:36>> I agree. It's sad she made the decisions
- 56:38she made that day. That's what I'm sad
- 56:40about. And that her children are paying
- 56:41the price for it. No one wants to see a
- 56:43child suffer, but they are suffering
- 56:45right now because of their mother's
- 56:46really terrible judgment. Um, I did want
- 56:49to show you a little bit of the flavor
- 56:50of the of the lunacy. Speaking of like
- 56:53this is the enemy. Um, let's run these
- 56:54thoughts. There's out of Minneapolis
- 56:56with the protesters yesterday.
- 57:00>> Start with 59. If they're going to
- 57:02murder us while calling us
- 57:04then I think we need to be
- 57:06bigger
- 57:09Ice.
- 57:10>> The world is on fire and things are
- 57:14horrendous right now and I'm not going
- 57:15to pretend otherwise. I want to be clear
- 57:17where I stand. ICE. If they come to
- 57:21my town, I will be in the streets
- 57:22defending my community. Don't look away
- 57:25from this. It is so important that we
- 57:27keeping paying attention. Hey. Hey. If
- 57:30you're an ICE agent, this might be a
- 57:32good time to kiss your spouse and kids
- 57:34goodbye because you know what? You might
- 57:36not be coming home tomorrow.
- 57:38>> Wow.
- 57:38>> Gladly. And your family will be
- 57:41>> Okay, I'm just got one more for you,
- 57:42Andrew, and I'll give you the floor.
- 57:43Speaking of the white people duty, Joy
- 57:46Reid felt the need to weigh in. Here she
- 57:48is in s 57.
- 57:50>> This woman was part of a group of people
- 57:53who they train to try to be ICE
- 57:55interruptors. And what they try to do is
- 57:57observe what ICE is doing, film them,
- 57:59and try to use their white privilege to
- 58:01be honest. They're mainly white people,
- 58:04>> which is what we asked,
- 58:05>> which is what we asked them to do,
- 58:06right?
- 58:07>> Cuz black people like we can't get on,
- 58:08we can't put our bodies on the line
- 58:10because cops will shoot us. And so the
- 58:12presumption had been particularly a
- 58:14white woman cuz remember part of the
- 58:15rationale for doing this with ICE is to
- 58:18save white women, pristine white women,
- 58:20from being ravaged by, you know,
- 58:22criminal brown men.
- 58:23>> Great. White women have been taking the
- 58:26lead in being the ones to step.
- 58:28>> Wow.
- 58:30>> Great. Well, is there some problem with
- 58:32having white women get saved from rapes,
- 58:34Joy? Anyway, you you get the flavor,
- 58:36right? You get the flavor.
- 58:37>> Yeah, absolutely. And this race thing, I
- 58:39mean, it's the same with every social
- 58:41movement in America. It starts out with
- 58:44a perfectly reasonable ask, you know,
- 58:46can we please, you know, not ban black
- 58:48people from using the same bathrooms as
- 58:50white people? and it ends up being taken
- 58:52over by the left and being turned into
- 58:54the exact opposite of what's it's
- 58:56supposed to be. Civil rights is now in
- 58:58this country a racist movement. It was
- 59:00didn't start out that way. They promised
- 59:02us it wasn't going to become that way.
- 59:04But that is what it's become. And the
- 59:05other day, Donald Trump said because of
- 59:07civil rights laws, white people are
- 59:08being mistreated. And everybody said,
- 59:09"Oh, how shocking. What a terrible
- 59:11thing." He's right. He's abs absolutely
- 59:14right because the left takes over every
- 59:16social movement. And the reason, look,
- 59:18the reason is we're blind in one eye
- 59:20because of our media's corruption and
- 59:21because of our academyy's corruption and
- 59:24because of Hollywood's corruption. We
- 59:26see everything through the left-wing
- 59:28perspective, every single thing. And it
- 59:30affects even right-wing people's
- 59:32thinking. They don't understand how
- 59:33dangerous the left is. And when you're
- 59:35talking, that's just pure racism. It's
- 59:37pure racism that they're talking.
- 59:39They're spewing this hatefulness. And
- 59:41I'm as against racism now against white
- 59:43people as I was when it was against
- 59:45black people. There's absolutely no
- 59:46difference in my mind either. Either
- 59:48it's right to judge people by the color
- 59:50of their skin or it's wrong. And I say
- 59:51it's wrong. And I say that on biblical
- 59:53principles, but I say it also on just
- 59:55moral principles. It's it's wrong to
- 59:57judge people by the color of their skin,
- 59:59but that's whatever color it is. And you
- 1:00:02know, I keep hearing this word white
- 1:00:04used as a porative. You know, if you can
- 1:00:07do that, then you can use black as a
- 1:00:08pjorative, too. And they've constructed
- 1:00:10I know all the theories. I've read,
- 1:00:12unfortunately for me, all the theories
- 1:00:14for my sins by which they construct a a
- 1:00:17uh a fabric of of lies that makes it
- 1:00:20allowable to be racist against white
- 1:00:22people when it's not allowable to be
- 1:00:23racist against black people. It's a
- 1:00:25total grift. It's not good thinking.
- 1:00:27It's not reasonable thinking and the
- 1:00:28press just goes along and the Democrats
- 1:00:30just go along. And it really is a shame
- 1:00:32and it's it's something that is just
- 1:00:35it's a frightening moment because Donald
- 1:00:37Trump is not as popular as I wish he
- 1:00:39was. I mean, he's done he's done he's
- 1:00:41doing a great job, but he talks a lot
- 1:00:43and he says a lot of things that they
- 1:00:45can pin on him and he's not that
- 1:00:47popular.
- 1:00:47>> He is he's he's raised a good point many
- 1:00:49times about the economy, which is I like
- 1:00:52I can't fix it overnight. Yes, it's been
- 1:00:54a year, but the economy is like a
- 1:00:56aircraft carrier. Like that thing turns
- 1:00:59very slowly and he has been trying. He
- 1:01:02has been trying, but I think Trump
- 1:01:04believes he's entitled to a little bit
- 1:01:06more grace in actually, you know, seeing
- 1:01:08the results translate into people's
- 1:01:10pocketbooks. And I agree with him on
- 1:01:11that. Like, he's rolled back
- 1:01:13regulations. He's gotten so much
- 1:01:15investment by corporate America and the
- 1:01:18corporate world into the United States.
- 1:01:21He's pressured companies into keeping
- 1:01:22their manufacturing companies here. He's
- 1:01:25using the tariffs or trying to uh in a
- 1:01:27way that he thinks is actually going to
- 1:01:28ultimately bring down costs. you know,
- 1:01:30it's it's up for debate, but he's you
- 1:01:31can't say he's not trying. Um, and so I
- 1:01:34think like he's right that he deserves a
- 1:01:36little bit more time, and I think those
- 1:01:37approval numbers will go up once people
- 1:01:40start to feel the relief of the economic
- 1:01:43uh pain they're under. Um, there's
- 1:01:44there's a bunch to get to still. I
- 1:01:46really want to talk to you about Scott
- 1:01:48Adams. I'm devastated.
- 1:01:49>> So, it's so sad. Yeah.
- 1:01:51>> Devastated. But wait, I I I just want to
- 1:01:54do one news item before we get to Scott,
- 1:01:56which is
- 1:01:57>> the Clintons. Uh, Bill Clinton, is it
- 1:02:00Bill and Hillary were supposed to show
- 1:02:02up today? At least Bill was supposed to
- 1:02:04show up today and testify before the
- 1:02:06House over oversight committee um on
- 1:02:09Epstein. You know, they're doing this
- 1:02:11big probe into what really happened and
- 1:02:13what they're learning in these
- 1:02:14documents. And Hillary's supposed to
- 1:02:16show up tomorrow, so we'll see if she
- 1:02:18shows up. But listen to Representative
- 1:02:20James Comr today. S5.
- 1:02:23>> This is the amount of preparation that
- 1:02:25went into this deposition today. These
- 1:02:28were the questions that we were prepared
- 1:02:30to ask. We've communicated with
- 1:02:32President Clinton's legal team for
- 1:02:35months now, given them opportunity after
- 1:02:37opportunity to to come in to give us a
- 1:02:41day, and they continue to uh delay,
- 1:02:44delay, delay to the point to where we
- 1:02:46had no idea whether they're going to
- 1:02:47show up today or not. I think it's very
- 1:02:49disappointing. uh as a result of Bill
- 1:02:52Clinton not showing up for his lawful
- 1:02:54subpoena, which again was voted on it
- 1:02:56unanimously by the committee in a
- 1:02:58bipartisan manner.
- 1:03:00>> Okay. So, she's supposed to show up
- 1:03:02tomorrow and she says she won't. Um and
- 1:03:05now they are defying a government
- 1:03:07subpoena. They are risking being held in
- 1:03:09contempt of Congress, which is what sent
- 1:03:11our pal Steve Bannon to jail. Uh which
- 1:03:14is what sent Peter Navaro to jail. So,
- 1:03:16good luck with that. Um they were
- 1:03:19scheduled to appear for these closed
- 1:03:20doors depositions today and tomorrow. In
- 1:03:22a letter, attorneys for the Clinton say
- 1:03:24they won't be complying, writing,
- 1:03:26"President and Secretary Clinton have
- 1:03:27already provided the limited limited
- 1:03:29info they possess about Epstein and
- 1:03:31Galain Maxwell to the committee. They
- 1:03:33did so proactively and voluntarily and
- 1:03:35despite the fact that the subpoenas are
- 1:03:36invalid and legally uninforcable. Why?
- 1:03:39untethered to a valid legislative
- 1:03:41purpose, unwarranted because they do not
- 1:03:44seek pertinent information and an
- 1:03:46unprecedented infringement on the
- 1:03:48separation of powers. Okay. The
- 1:03:50attorneys called the episode nothing
- 1:03:51more than a ploy to attempt to embarrass
- 1:03:53political rivals as President Trump has
- 1:03:56directed. Wow. So, they're not going,
- 1:03:59Andrew. And you tell me whether their
- 1:04:01next trip should be um to Rikers.
- 1:04:05>> Absolutely. They should at least be
- 1:04:07given house arrest in Steve Bannon's
- 1:04:08house. I think that would be an even
- 1:04:10harsher punishment. You know, it is it
- 1:04:13is this thing that they do with the law
- 1:04:14though. They talk about the rule of law,
- 1:04:15the rule of law, the rule of law until
- 1:04:17it's them. Until it has to do with, you
- 1:04:19know, attacking an ICE agent or denying
- 1:04:21a subpoena or anything else they want to
- 1:04:23do. The stuff that uh Jack Smith, have I
- 1:04:26got his right first name right? It's
- 1:04:27Jack Smith, right? The the guy went
- 1:04:29after the prosecutor went after Trump.
- 1:04:31the things he's been saying to Congress
- 1:04:33behind closed doors, what his
- 1:04:35interpretation of the law, which would
- 1:04:36essentially erase the First Amendment.
- 1:04:39This is it's it is a really interesting
- 1:04:42mindset that the people who vote for
- 1:04:45Democrats aren't sitting back and
- 1:04:47saying, "Well, wait a minute. You know,
- 1:04:48I actually was in I'm in favor of the
- 1:04:51rule of law. I was in favor of them
- 1:04:53taking away Steve Bannon, so why
- 1:04:55shouldn't I be in favor of them taking
- 1:04:57away Bill Clinton?" It's funny that they
- 1:04:58don't say that because even even I say
- 1:05:00that from time to time when a
- 1:05:02right-winger goes astray. I say, you
- 1:05:04know, hey, if it's it's sauce for the
- 1:05:05gander, sauce for the goose, but they
- 1:05:07don't. It just absolutely stops at the
- 1:05:09Republicans's door. The rule of law is
- 1:05:11is only for Republicans. It's the way
- 1:05:13they think now.
- 1:05:14>> No. So, well, I look forward to watching
- 1:05:16what happens next. And I really do hope
- 1:05:17that there's uh because you know what
- 1:05:20what's happened in the past like um
- 1:05:21Merrick Garland got found in contempt of
- 1:05:23Congress.
- 1:05:24>> Yes. But surprise, surprise, there was
- 1:05:26no prosecution because he was the
- 1:05:27attorney general who would have to do
- 1:05:28the prosecuting. But uh things have
- 1:05:31changed and right now Pam Bondi is the
- 1:05:33attorney general and I don't like their
- 1:05:36chances if they thumb their nose at this
- 1:05:39Congress uh over at DOJ. I think this
- 1:05:41DOJ is dying to do something to enforce
- 1:05:45the wheels of justice against people
- 1:05:46like the Clintons, and this may be just
- 1:05:48the excuse they need to do it. If your
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- 1:06:51before the ceremony, before history is
- 1:06:54made, every detail is chosen. From
- 1:06:57Amazon MGM Studios comes Melania. This
- 1:07:01new film takes you inside the 20 days
- 1:07:03leading up to the 2025 presidential
- 1:07:05inauguration through the eyes of the
- 1:07:07first lady herself. Where fashion is not
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- 1:07:18glamour. Melania only in theaters
- 1:07:21January 30th. I can't wait to see that.
- 1:07:24I was in the Supreme Court all morning
- 1:07:28and did not know that Scott died. Um he
- 1:07:31had just said the other day, he had just
- 1:07:33said on his show that when they when you
- 1:07:36deteriorate marketkedly from month to
- 1:07:39month, you should have months left to
- 1:07:42live.
- 1:07:43>> That when it happens week to week, you
- 1:07:44should have weeks. And when it happens
- 1:07:46dayto day, you probably have just days.
- 1:07:48>> Yeah.
- 1:07:49>> And a couple days later, he died. He And
- 1:07:51he said he thought he had months. He
- 1:07:53said he thought he had months left. So
- 1:07:54it happened quickly. and um his ex-wife
- 1:07:57Shelley Miles Adams went on his feed
- 1:08:00today and delivered the following
- 1:08:02message. Sat 71.
- 1:08:08>> Everyone,
- 1:08:09unfortunately, this isn't good news.
- 1:08:13Of course, he waited till just before
- 1:08:16the show started, but he's not with us
- 1:08:19right anymore.
- 1:08:20He has a final message that he wanted to
- 1:08:23say. Many of my Christian friends have
- 1:08:25asked me to find Jesus before I go. I'm
- 1:08:29not a believer, but I have to admit the
- 1:08:33riskreward calculation for doing so
- 1:08:36looks so attractive to me. So, here I
- 1:08:39go.
- 1:08:41I accept Jesus Christ as my Lord and
- 1:08:44Savior and look forward to spending an
- 1:08:48eternity with him.
- 1:08:50The part about me not being a believer
- 1:08:52should be quite quickly resolved if I
- 1:08:56wake up in heaven.
- 1:09:00>> Great line. What a great classic Scott
- 1:09:02Adams offbeat out of left field uh and
- 1:09:06and beautiful and uh you know it's it's
- 1:09:08Pascal's wager. It's a it's got a long
- 1:09:10tradition. Uh you know Pascal was a
- 1:09:12great mathematician who converted to
- 1:09:13Christianity and he said it only makes
- 1:09:15sense that you're risking eternity. It
- 1:09:17only makes sense to believe because you
- 1:09:18don't lose anything by believing, but
- 1:09:20you could gain eternity and it's worth
- 1:09:22it's worth the wager. And so that was
- 1:09:24what Scott was saying. You know, he was
- 1:09:25listen I it's it's funny. I I used to
- 1:09:28listen to Scott all the time and I I had
- 1:09:29him on my show very early on when he
- 1:09:31started talking about political things
- 1:09:33and just really liked him. If if you had
- 1:09:36asked me do I agree with like 50% of
- 1:09:38what I what he said, I probably would
- 1:09:40have said no. But who who cares, you
- 1:09:42know? I mean, he was a creative,
- 1:09:43original guy, full of goodwill. almost
- 1:09:46always gracious, which I really
- 1:09:48appreciate in this atmosphere. I mean,
- 1:09:50he was always gracious to the people uh
- 1:09:52he attacked. He would always tell people
- 1:09:53he was a far-left. Uh I I didn't see
- 1:09:56really see a lot of uh evidence of that,
- 1:09:59but he he claimed it all the time, but a
- 1:10:02big Trump supporter. The the press, of
- 1:10:04course, the New York Times, and one of
- 1:10:06the pettiest, meanest little headlines
- 1:10:08I've ever seen said he was a popular
- 1:10:10cartoonist until his racist remarks
- 1:10:13caused him to be cancelled. He never
- 1:10:15made racist remarks. Uh he said that a a
- 1:10:18poll showing that more than half of
- 1:10:20black people didn't like white people.
- 1:10:21He said you you might want to avoid uh
- 1:10:23people on the basis of that because
- 1:10:25they're they're hostile. That's not a
- 1:10:27racist remark. That's about hostility
- 1:10:29and about the way people feel. And just
- 1:10:31the the the wickedness of of the the
- 1:10:34left in these moments is is a little
- 1:10:36hard to take. But the memory of Scott
- 1:10:38Adams is is a beautiful one. I mean they
- 1:10:40you know the the Jews say may his memory
- 1:10:41be a blessing. I think it will be a
- 1:10:43blessing. He was just a a guy who came
- 1:10:45with these ideas that sometimes you just
- 1:10:47sit and blink and have to think about
- 1:10:48them all day long because you weren't
- 1:10:51sure where he was coming from. And yet
- 1:10:53they were really helpful to people. His
- 1:10:55his advice, it's kind of like Jordan
- 1:10:57Peterson. I frequently disagree with
- 1:10:58Jordan Peterson. His advice is always
- 1:11:00great. Uh Scott's advice was always
- 1:11:01great. And and again always delivered
- 1:11:04with this kind of whimsical uh hilarious
- 1:11:08dead pan gracious way of being. He was a
- 1:11:12voice that made the internet better,
- 1:11:14which is not an easy thing to do. And uh
- 1:11:17I'm I'm really going to miss him. I I
- 1:11:18really think it's a it's a sad day and
- 1:11:21uh happened way too soon at this point.
- 1:11:23You know, sometimes
- 1:11:24>> 68 years old and I felt like
- 1:11:27>> he deserved more time. You know, when he
- 1:11:28announced casually that he had
- 1:11:30metastatic prostate cancer and that it
- 1:11:32had spread to his bones,
- 1:11:33>> right after Joe Biden's announcement
- 1:11:35came out, he he said, you know, not for
- 1:11:37nothing, he goes, I have that, too, and
- 1:11:38I I don't have very long to live. It was
- 1:11:40like what? Everyone was shocked and it
- 1:11:44happened too fast. You know, I just felt
- 1:11:46like we we we were owed more time, which
- 1:11:48of course is not how these things work.
- 1:11:50>> Can I point out one thing that he said
- 1:11:51that I thought was important? He he said
- 1:11:53that when he started talking supporting
- 1:11:55Trump, he lost his friends. He lost a
- 1:11:57lot of his work. He lost almost all of
- 1:11:59his speaking engagements. So, he was
- 1:12:00making like 50 to 100 grand per speaking
- 1:12:03engagement. And he said, "And I may have
- 1:12:05lost my health." which at least is an
- 1:12:07indication that it was this tremendous
- 1:12:08stressor to him. It was something that
- 1:12:10really got under uh his skin. And I I
- 1:12:13know people who have gotten very very
- 1:12:15ill with fatal diseases, with
- 1:12:17potentially fatal diseases after going
- 1:12:19through stress like this. And I think it
- 1:12:21is just a a a sad statement about our
- 1:12:24society that a guy of that much
- 1:12:26graciousness, wit, humor, and uh and
- 1:12:29wild, you know, helpful ideas uh should
- 1:12:32feel that maybe his health was
- 1:12:33compromised by the way he was treated by
- 1:12:35our intellectual chattering classes.
- 1:12:38>> He he was brilliant and he was the
- 1:12:42original Trump whisperer when nobody
- 1:12:45thought Trump could win. Yep. I mean
- 1:12:47early on in the 1516 campaign he said
- 1:12:50he's going to win and it was because he
- 1:12:52is he was an expert in persuasion. He he
- 1:12:56was a hypnotist
- 1:12:58>> and he had learned it's the it's like
- 1:12:59the same thing as persuasion and he had
- 1:13:01learned the way people who have high
- 1:13:03persuasion skills sound and he saw Trump
- 1:13:06doing it from the beginning and he used
- 1:13:07to do a lot of shows analyzing it. It
- 1:13:09was a very interesting thing to listen
- 1:13:10to and so that's why he predicted it
- 1:13:13when very few did. I know some did, but
- 1:13:15very few did. Um, he saw it coming. And
- 1:13:18I mean, everything he I I watched his
- 1:13:20show from time to time. It wasn't like a
- 1:13:22regular thing for me. But every time I
- 1:13:24tuned in, I learned something. Scott
- 1:13:25would make an interesting quick
- 1:13:27prediction about something, and I'd be
- 1:13:28like, "Oh my god, that's so obviously
- 1:13:29right. Why didn't I think of that?"
- 1:13:31>> He just had a different way into every
- 1:13:32story. And he he was very accurate in
- 1:13:35his ability to size people up, stories
- 1:13:38up, take something, be like, "That's not
- 1:13:40going to happen. That is gonna happen. I
- 1:13:42believe that. I don't believe that." and
- 1:13:44you're like, "Yes, same, same." as soon
- 1:13:46as you'd hear him say it. Um, I do want
- 1:13:48to talk about the controversy because
- 1:13:49I'm I'm disgusted.
- 1:13:52People magazine. Didn't I tell you, my
- 1:13:54friends in the audience, didn't I just
- 1:13:56say yesterday People magazine is a
- 1:13:58tabloid magazine? They're the new
- 1:14:00gawker. They're disgusting. Stop buying
- 1:14:03People magazine. They're gross. They
- 1:14:06come out with a headline, Scott Adams,
- 1:14:09disgraced Dilbert creator, dies at 68.
- 1:14:13>> This is so disgusting. The Boston Globe,
- 1:14:16Scott Adams, Dilbert creator, who veered
- 1:14:19into racist far-right commentary dies.
- 1:14:23That's their headline to sum up this
- 1:14:25man's life. New York Times breaking
- 1:14:29news. Scott Adams, whose comic strip
- 1:14:32Dilbert was a sensation until he made
- 1:14:34racist comments on his podcast, has died
- 1:14:38at 68. And by the way, I'll get I'll get
- 1:14:41to the juxaposition of the New York
- 1:14:43Times on Kasam Solommani when he died uh
- 1:14:48versus what they're saying about Scott
- 1:14:50Adams. But I do want to start with um
- 1:14:54the People magazine piece. I'm telling
- 1:14:56you, stop buying People magazine. Stop
- 1:14:59going to their website online. Don't
- 1:15:01support these people. They are far-left.
- 1:15:04They hate conservatives and they've gone
- 1:15:06totally tabloid. Matt Walsh posts the
- 1:15:09name of the writer who attacked Scott
- 1:15:12Adams. It's Victoria Edel. Edel. He
- 1:15:15writes, "This is the monstrosity who
- 1:15:17wrote the vile article. Scott Adams was
- 1:15:19a great man loved and mourned by
- 1:15:20millions. This person is a nobody. Loved
- 1:15:23by no one. The world won't even notice
- 1:15:25when this person dies." Now they took
- 1:15:28down her name and exchanged it for staff
- 1:15:33staff at people because they don't want
- 1:15:34to take um you know the responsibility
- 1:15:38for it. And hold on there was one more
- 1:15:42I can't find it. Hold. Oh yeah. Is this
- 1:15:44you know this is from from Matt. I'm
- 1:15:47trying to find it there. It's mixed in.
- 1:15:48I can't find it. It's in the midst of
- 1:15:49all my Supreme Court messages. My my
- 1:15:52phone is a mess. My team is gonna help
- 1:15:54me with it. But in the meantime, I want
- 1:15:55to read you this because there is a
- 1:15:56final message from Scott.
- 1:15:59Okay, I'm gonna read Look at this in
- 1:16:01part. It's long. If you're reading this,
- 1:16:04things did not what Andrew has to go.
- 1:16:07All right, I I'll let you go, Andrew.
- 1:16:08I'll just finish it up with the
- 1:16:09audience, but thank you. Thank you so
- 1:16:10much for being here. I don't want to
- 1:16:12>> It's great to see you, Megan. Thanks a
- 1:16:13lot. It's always great to see you.
- 1:16:14Byebye.
- 1:16:14>> To be continued. All right, so this is
- 1:16:16from Scott for the audience. If you're
- 1:16:19reading this, things did not go well for
- 1:16:20me. What a sweet opening line. I have a
- 1:16:23few things to say before I go. My body
- 1:16:26failed before my brain. I am of sound
- 1:16:28mind as I write this January 1st, 2026.
- 1:16:31If you wonder about any of my choices
- 1:16:34for my estate or anything else, please
- 1:16:35know I'm free of any coercion or
- 1:16:37inappropriate influence of any sort. I
- 1:16:39promise. Next, many of my Christian
- 1:16:41friends have asked me to find Jesus
- 1:16:44before I go. I'm not a believer, but I
- 1:16:46have to admit the riskreward calculation
- 1:16:48for doing so looks so attractive. So,
- 1:16:51here I go.
- 1:16:52You heard his ex-wife read some of this.
- 1:16:54I accept Jesus Christ as my Lord and
- 1:16:56Savior, and I look forward to spending
- 1:16:58an eternity with him. Um, the the part
- 1:17:01about me not being a believer should be
- 1:17:03quickly resolved if I wake up in heaven.
- 1:17:05I won't need any more convincing than
- 1:17:06that, and I hope I'm still qualified for
- 1:17:08entry. With your permission, I'd like to
- 1:17:10explain something about my life. For the
- 1:17:13first part of my life, I was focused on
- 1:17:14making myself a worthy husband and
- 1:17:15parent as a way to find meaning. That
- 1:17:18worked. But marriages don't always last
- 1:17:20forever. And mine eventually ended in a
- 1:17:22highly amicable way. I'm grateful for
- 1:17:25these years. Those years and the people
- 1:17:27I came to call my family. Once the
- 1:17:30marriage unwound, I needed a new focus,
- 1:17:32a new meaning. And so I donated myself
- 1:17:35to the world, literally speaking the
- 1:17:37words out loud in my otherwise silent
- 1:17:39home. From that point on, I looked for
- 1:17:41ways I could add the most to people's
- 1:17:43lives one way or another. That marked
- 1:17:45the sort the start of my evolution from
- 1:17:48Dilbert cartoonist to an author of what
- 1:17:51I hoped would be useful books. Boy was
- 1:17:54he ever. By then, I believed I had
- 1:17:56amassed enough life lessons that I could
- 1:17:57start passing them on. I continued
- 1:17:59making Dilbert comics, of course. As
- 1:18:02luck would have it, I'm a good writer.
- 1:18:04My first book in the useful genre was
- 1:18:07How to Fail at Almost Everything and
- 1:18:08Still Win Big. That book turned out to
- 1:18:10be a huge success, often imitated and
- 1:18:12influencing a wide variety of people. I
- 1:18:14still hear every day how much that book
- 1:18:16changed lives. My plan to be useful was
- 1:18:20working. Stand by. Next page. I followed
- 1:18:25up with my book, Win Bigly, that trained
- 1:18:27an army of citizens how to be more
- 1:18:29persuasive, which they correctly saw as
- 1:18:31a minor superpower. I know that book
- 1:18:33changed lives because I hear it often.
- 1:18:35You'll probably never know the impact
- 1:18:36the book had on the world, but I know.
- 1:18:39and it pleases me while giving me a
- 1:18:41sense of meaning that is impossible to
- 1:18:43describe. My next book, Loser Think,
- 1:18:46tried to teach people how to think
- 1:18:47better, especially if they were
- 1:18:48displaying their thinking on social
- 1:18:50media. That one didn't put much of a
- 1:18:52dent in the universe, but I tried.
- 1:18:54Finally, my book, Reframe Your Brain, he
- 1:18:57came out and promoted that with all of
- 1:18:58us. Taught readers how to program their
- 1:19:00own thoughts to make their personal and
- 1:19:02professional lives better. I was
- 1:19:04surprised and delighted at how much
- 1:19:06positive impact that book is having. I
- 1:19:09also started podcasting a live show
- 1:19:11called Coffee with Scott Adams dedicated
- 1:19:13to helping people think about the world
- 1:19:15and their lives in a more productive
- 1:19:17way. I didn't plan it this way, but it
- 1:19:19ended up helping lots of lonely people
- 1:19:21find a community that made them feel
- 1:19:22less lonely. Again, that had great
- 1:19:24meaning for me.
- 1:19:28I had an amazing life. I gave it
- 1:19:31everything I had. If you got any
- 1:19:33benefits from my work, I'm asking you to
- 1:19:36pay it forward as best you can. That is
- 1:19:38a legacy I want. Be useful and please
- 1:19:41know I loved you all to the end. Scott
- 1:19:44Adams. Wow, it's a beautiful message.
- 1:19:47Gosh, he did so well. He did so well
- 1:19:49right to the end with his messaging for
- 1:19:51all of us in giving of him himself when
- 1:19:53he was so sick and in hospice care,
- 1:19:55which he announced last week.
- 1:19:57Why do the bad ones hang on forever and
- 1:19:59the good ones go so quickly? like I
- 1:20:03don't know, you just hear like someone
- 1:20:05terrible has something happen to them
- 1:20:07and like then they linger for another 20
- 1:20:09years. Scott Adams announces six months
- 1:20:12ago that he's got metastatic prostate
- 1:20:14cancer and he's gone in what felt like a
- 1:20:17heartbeat.
- 1:20:20I loved loved loved listening to Scott.
- 1:20:23I learned from Scott a lot. I found so
- 1:20:28many useful nuggets in the lessons that
- 1:20:30he brought and he was one of my teachers
- 1:20:33and I'm really going to miss him. I'm
- 1:20:35very sad for him. I'm sad for his family
- 1:20:37and I'm sad for the right, you know,
- 1:20:39like we keep losing people and um it
- 1:20:43hurts. It hurts like the movement, the
- 1:20:46push back against the lunatic left. We
- 1:20:48need people like Scott like with genuine
- 1:20:51wisdom to give. Gone too soon at 68. and
- 1:20:55those quote eulogies offered by the
- 1:20:57mainstream
- 1:20:59do not do him justice. How dare they
- 1:21:02take this one moment he had a couple of
- 1:21:05years ago and you guys remember remember
- 1:21:06he came on here to talk about the
- 1:21:08controversy. We were his first interview
- 1:21:11after he did that show talking about the
- 1:21:14poll on on black people not wanting to
- 1:21:17live um near white people and him
- 1:21:20saying, you know, me either then, you
- 1:21:22know, it was like it was classic Scott
- 1:21:24because it was provocative and it was a
- 1:21:25little tongue and cheek and it was sort
- 1:21:27of part social experiment and he came on
- 1:21:29to explain all that to us. Steve, can
- 1:21:31you find the episode number just in case
- 1:21:33people want to go back and listen to it?
- 1:21:35Um, well,
- 1:21:38no, I don't want to play it now. I don't
- 1:21:40want to get back into it, but we'll find
- 1:21:41the episode number for you because we
- 1:21:42talk about that in a bunch with him. So,
- 1:21:45he wasn't But like to take that one
- 1:21:47moment, like that one controversy, and
- 1:21:49make it his eulogy, his obituary, and in
- 1:21:53the headline, no less after all the good
- 1:21:56he's done in the world, episode 638.
- 1:21:58Thank you. 638 is just immoral. It's
- 1:22:03immoral.
- 1:22:04Like why can't there be a bigger pull
- 1:22:08among the media to just when you're
- 1:22:10eulogizing someone just try to stick to
- 1:22:14their best moments and bury the stuff
- 1:22:17you find controversial if you must put
- 1:22:19it in his obit down by the bottom. Why?
- 1:22:22How dare you put that into his head his
- 1:22:25the headline. And I just think it's like
- 1:22:28they would never do this to their side
- 1:22:30or to their heroes or even to like
- 1:22:33villains. I I mentioned the thing about
- 1:22:36uh Solommani. Stand by. I'm I'm going to
- 1:22:39read it to you here. This is what they
- 1:22:41did to Scott Adams versus to Solommani,
- 1:22:47a terrorist. Um,
- 1:22:52okay. Drew Holden found this online.
- 1:22:55Scott Adams, audacious creator of the
- 1:22:57Dilbert comic strip, dies at 68. His
- 1:23:00chronicle of a corporate cubicle dweller
- 1:23:02was widely distributed until racist
- 1:23:04comments on his podcast led newspapers
- 1:23:06to cut their ties with him. Here's Kasim
- 1:23:10Solommani.
- 1:23:12Kasim Solommani, master of Iran's
- 1:23:15intrigue, built a Shiite axis of power
- 1:23:18in the Middle East. The commander helped
- 1:23:21direct wars in Iraq, Syria, Lebanon, and
- 1:23:23Yemen, and became the face of Iran's
- 1:23:24efforts to build a regional block of
- 1:23:26Shiite power. Um, how about all of the
- 1:23:28stuff about his terrorism and the
- 1:23:30Americans he killed? He killed
- 1:23:32Americans. That didn't make it into the
- 1:23:35headline or the subhead. But Scott Adams
- 1:23:39comments, which again, they weren't
- 1:23:42actually racist. You have to go back and
- 1:23:44listen to the episode, but in the New
- 1:23:45York Times world they were, it's just
- 1:23:48wrong. You know, I I I shudder to think
- 1:23:52what they'll do to me when hopefully
- 1:23:54many many decades from now I pass. But I
- 1:23:57also don't really give a because
- 1:23:58they don't define me and they don't
- 1:24:00define Scott. And the people who loved
- 1:24:03Scott and the people who love all of us
- 1:24:05listening to this show right now know
- 1:24:08who we are, right? They don't believe
- 1:24:10this like being in the public
- 1:24:13eye, they will tear you limb from limb,
- 1:24:17even in death. And all you can hope is
- 1:24:21that the people who did know you, who
- 1:24:23listened to you, in Scott's case, and
- 1:24:25listened to your show, and maybe
- 1:24:27occasionally actually got something out
- 1:24:29of it, know in their hearts who you
- 1:24:31were. I'm disgusted by People magazine.
- 1:24:34I spit on People magazine. I'm disgusted
- 1:24:37with the New York Times, as I am every
- 1:24:39day. and the Boston Globe, too. Shame on
- 1:24:43you for for joining in on this.
- 1:24:46I'll miss him, and I know millions of
- 1:24:49Americans will miss him. And I know
- 1:24:51people listening to this show right now
- 1:24:52feel the same. So, thank you all for
- 1:24:55being not just truth tellers, but people
- 1:24:57who see through the And I
- 1:25:00believe the people listening to the show
- 1:25:02have been trained now that when you see
- 1:25:06anyone in the right wing getting piled
- 1:25:09on and Scott may have called himself a
- 1:25:10leftist but he he was right-wing he was
- 1:25:12a right-wing savant. Okay, whether
- 1:25:16whatever his positions were on various
- 1:25:17issues to issues that's a different
- 1:25:19story but like he was ours that he was
- 1:25:22by the end of his life he was ours and
- 1:25:24it's perfectly fitting that he converted
- 1:25:25to Christianity right before he passed.
- 1:25:28um that you you have to take it all with
- 1:25:30so many grains of salt. You have to take
- 1:25:31it all with like one of those huge salt
- 1:25:33mountains that you see in the wintertime
- 1:25:35before they go to to salt the roads, you
- 1:25:38know, because they lie. They lie lie lie
- 1:25:41about people like Scott and it's deeply
- 1:25:43immoral to do it in the man's obit.
- 1:25:46Anyway, what a show. Gosh, thank you all
- 1:25:47for listening. We've got another barn
- 1:25:49burner for you tomorrow where I'll be
- 1:25:51back in Connecticut and uh we will have
- 1:25:54Emily Jashinsky. There's going to be a
- 1:25:55lot to go over. I can see it breaking on
- 1:25:57my phone right now. We'll see you then.
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