Justin Amash on Why the President Isn't Above the Law

Justin Amash on Why the President Isn't Above the Law

Released Tuesday, 18th February 2025
Good episode? Give it some love!
Justin Amash on Why the President Isn't Above the Law

Justin Amash on Why the President Isn't Above the Law

Justin Amash on Why the President Isn't Above the Law

Justin Amash on Why the President Isn't Above the Law

Tuesday, 18th February 2025
Good episode? Give it some love!
Rate Episode

Episode Transcript

Transcripts are displayed as originally observed. Some content, including advertisements may have changed.

Use Ctrl + F to search

0:05

Hello and welcome to the Reason

0:07

Roundtable, the podcast of free minds,

0:09

free markets, and free takes. On

0:11

today's episode, we're going to talk

0:13

about Donald Trump versus the rule

0:15

of law, the new Congressional Budget

0:18

Plan, same as the old Congressional

0:20

Budget Plan, J.D. Vance goes to

0:22

Europe, and so much more. I'm

0:24

your host, Peter Souterman, and today

0:26

I am joined by my illustrious

0:28

colleagues, Catherine Manggi Ward, and Nick

0:30

Gillespie, as well as a very

0:32

special guest. Former Congressman Justin Amash,

0:34

welcome to the show. Everybody say

0:36

hello. Howdy. Hey everyone. Happy Tuesday

0:38

to everybody except America's Presidents. You

0:40

got your day. Sadly for this

0:43

country, but happily for this podcast,

0:45

the ranks of America's Presidents do

0:47

not include Justin Amash. Justin, thank

0:49

you so much for joining us.

0:51

Welcome to the show. I wanted

0:53

to introduce you briefly to the

0:56

reason roundtable audience, and I realize

0:58

there's actually too much to say

1:00

I didn't know where to start.

1:02

So I actually asked JetGBT to

1:04

write an introduction for you. And

1:07

here's what it said. I just

1:09

want to run this by you. Justin

1:11

Amash, I can't do a robot

1:13

voice. Justin Amash is a prominent

1:15

advocate for limited government, individual liberty,

1:18

and strict constitutionalism. He's known for

1:20

his principled independence in American politics.

1:22

Serving in Congress from 2011 to

1:25

2021, he consistently challenged government overreach,

1:27

opposed warrantless surveillance, and fought against

1:29

excessive spending, often breaking with both

1:32

major parties. His departure from the

1:34

GOP in 2019 over concerns about

1:36

executive power and due process cemented

1:39

his reputation as a rare politician

1:41

willing to put principle over party

1:43

and since living office he has

1:45

continued to champion libertarian ideas criticizing

1:48

authoritarian tendencies in both political parties.

1:50

Does that sound about right to you? Well

1:52

I have a confession I am chat GPT.

1:54

That's what he's been doing since he left

1:56

office. What do you think I've been doing?

1:58

So he's been really hired me

2:00

to just answer all the questions

2:03

that people ask. So I assume

2:05

that's an endorsement of everything Chachibiti

2:07

said about you. And everything Chachibiti

2:09

says. I think it, I mean

2:11

it sounded pretty good. Is there

2:13

anything else you want to tell

2:15

us about what you've been doing

2:17

recently? Well I've been lifting weights.

2:20

Sure. Me too. Also same. I

2:22

just moved from the bulking phase

2:24

to the cutting phase and so...

2:26

Oh no, so he's going to

2:28

be grumpy on this podcast. I've

2:30

been hungry for the past couple

2:32

weeks. Why are you cutting? Why

2:34

do you need to get shredded,

2:36

Justin? Well, I think if you

2:39

want to succeed in politics, you'd

2:41

better get shredded. That's the way

2:43

I look at it. Sure. It

2:45

doesn't hurt to look good while

2:47

you're working at this job. If

2:49

I understand what Doge is doing

2:51

correctly, the American government has also

2:53

moved recently from the bulking to

2:56

the cutting phase, and that's what

2:58

we're going to talk about here.

3:00

After we get a word from

3:02

a sponsor, Hey Reason Roundtable Listeners.

3:04

Peter Suderman here, are you a

3:06

student looking for a transformative opportunity

3:08

that supports the foundations of a

3:10

free society? Reliance College invites students

3:13

aged 16 to 24 to the

3:15

2025 Great Connection Seminar in Chicago

3:17

from July 26th to August 2nd.

3:19

This year's theme, Reason and Free

3:21

Will, dives into timeless ideas from

3:23

writers such as Thomas Jefferson, Enrand,

3:25

and Aristotle. Students sharpen critical thinking

3:27

in small dynamic groups developing the

3:29

intellectual tools needed to thrive in

3:32

a free society. Outside the classroom,

3:34

they'll explore Chicago's vibrant culture, touring

3:36

museums, trying improv, building lifelong connections.

3:38

Parents, this program equips students to

3:40

think, reason, and act independently. is

3:42

just $400 before March 1st. That

3:44

includes room and board with scholarships

3:46

available. Don't miss out. Visit Reliance

3:49

college.org/reason to learn more. apply. That's

3:51

Reliance to college.org/reason. So the question

3:53

of the week is, is President

3:55

Donald Trump saving the country or

3:57

is he undermining the rule of

3:59

law? On last week's episode we

4:01

talked about the legal challenges facing

4:03

Doge, Elon Musk's Department of Government

4:06

efficiency. Musk says Doge's mission is

4:08

to cut wasteful spending and reduce

4:10

the power of the bureaucracy. It's

4:12

a mission that I think it's

4:14

fair to say Just about everybody

4:16

on this podcast supports, at least

4:18

in broad strokes, but under the

4:20

Constitution, only Congress has the power

4:22

of the purse. And there are

4:25

real questions about the constitutionality of

4:27

some of what Doge is doing.

4:29

It seems pretty clear, however, that

4:31

some people just don't care. In

4:33

the comment section of this podcast,

4:35

for example, I encountered people saying,

4:37

why are you guys so negative?

4:39

We got letters asking, can't we

4:42

just take the win? One of

4:44

the people who seems nuts care

4:46

is President Donald Trump himself. Over

4:48

the weekend, he posted on X,

4:50

he who saves his country, does

4:52

not violate any law. Justin Amash.

4:54

You, according to chatGPT, are a

4:56

critic of both parties and a

4:59

defender of kind of core constitutional

5:01

ideas. Trump seems to be arguing

5:03

here that the ends justify the

5:05

means, the president is above the

5:07

law, at least till long as

5:09

what he's doing is good. How

5:11

do you respond to that? I

5:13

think everyone knows I don't agree

5:15

with that. I don't agree that

5:18

the president is above the law.

5:20

I've heard a lot of the

5:22

defenders of this quote, and he's

5:24

attempting to quote Napoleon, I think,

5:26

and it's a kind of thing

5:28

that... I saw that movie. Yeah,

5:30

I think, yeah. This kind of

5:32

thing that Trump likes to do.

5:35

And I heard a lot of

5:37

his defenders saying, well, of course,

5:39

you shouldn't comply with unjust laws

5:41

and all that kind of thing.

5:43

And if a law is unjust,

5:45

then it's not a real law.

5:47

That's not what the quote is

5:49

really saying. The quote is saying

5:52

that you don't violate a law.

5:54

Nobody is, for those who say

5:56

you should protest unjust, unjust, unjust.

5:58

You should accept the consequence. to

6:00

send a message, to get things

6:02

changed. He's saying here that essentially

6:04

he's above the law. It's a

6:06

very different thing. And so, yeah,

6:08

I mean, I pointed out that

6:10

this was basically the neoconservative mindset.

6:12

It's been the mindset of a

6:14

lot of different groups over the

6:16

years, but the neoconservative mindset that

6:19

I heard throughout Congress was, well,

6:21

we have to pass this to

6:23

save the country. We have to...

6:25

surveil everyone. We have to go

6:27

to war in every country. It

6:29

doesn't matter what the Constitution says.

6:31

It doesn't matter what the limits

6:33

are. And so that's just one

6:35

example, you know, the neo-conservative mindset,

6:37

but it's been the mindset of

6:39

people throughout history who have wanted

6:41

to abuse the system and take

6:43

advantage for their own gain. And

6:45

that's not to say that it

6:47

can't, that something can't be used

6:50

for good, but in the long

6:52

run. you're out for despotism if

6:54

you have this kind of system.

6:56

I thought your invocation of neoconservatism

6:58

was really interesting when you were

7:00

responding to this on Twitter or

7:02

X or whatever we're supposed to

7:04

call it now because, you know,

7:06

your argument was this is what

7:08

brought us the Patriot Act, the

7:10

forever war, endless surveillance, you know,

7:12

sort of warrantless surveillance that is

7:14

possibly unconstitutional. All of these kind

7:16

of specific programs and, you know,

7:18

government actions that a lot of

7:21

people in the magga world, a

7:23

lot of Trump supporters do not

7:25

like. And Trump has really defined

7:27

himself as, yes, he's a repos,

7:29

he's a repos, and some people

7:31

will say he is a conservative,

7:33

I don't even know if Trump

7:35

uses that word himself, but he's

7:37

defined himself against Bush-era Neo- Conservatism,

7:39

you are arguing that there is

7:41

a link here. Can you just

7:43

draw that out for me a

7:45

little bit? Because that is not

7:47

a criticism that I see made

7:49

of Trump very much. Yeah, that's

7:52

why I used those examples. I

7:54

mean, I used it intentionally, and

7:56

I got a lot of people

7:58

in the comments and the replies

8:00

saying, oh, this is not a...

8:02

an apt comparison, what are you

8:04

doing here? But it was used

8:06

on purpose because I know that

8:08

mega world is against neo- conservatism,

8:10

at least rhetorically. So I wanted

8:12

to use it to show that

8:14

the same principle that the president

8:16

is espousing here, that he's essentially

8:18

above the law, the law doesn't

8:20

apply to if he's saving the

8:23

country, is what neo- conservatives used

8:25

in the past and what people

8:27

throughout history have used to abuse

8:29

power and to harm lots of

8:31

people and violate people's rights. So

8:33

I just wanted to make that

8:35

comparison. And let's not forget, by

8:37

the way. This is another thing

8:39

that is important to note. In

8:41

Trump's first term, he... reauthorized the

8:43

Patriot Act. He reauthorized FISA 702.

8:45

He continued the forever war. No

8:47

war was ended, though the bombings

8:49

in the Middle East and throughout

8:51

the world continued, and he continued

8:54

indefinite detention of Americans without charge

8:56

or trial. All these policies remained

8:58

while President Trump was in office

9:00

in his first term. So for

9:02

those who say like, oh, well,

9:04

don't blame President Trump for this

9:06

stuff. It's, you know, Neocons of

9:08

the past. I worry, again, as

9:10

I pointed out, that the same

9:12

kind of philosophy can apply to

9:14

people who brand themselves in different

9:16

ways, and you can get the

9:18

same kinds of results. Yeah, those

9:20

aren't neo-conservative policies anymore to the

9:22

extent that they exist in a

9:25

Republican administration Those are now Trumpian

9:27

magga policies Nick, I want to

9:29

ask you just generally here You've

9:31

been away for a couple of

9:33

weeks. So nice to have you

9:35

back Before you left you said

9:37

that you were cautiously optimistic about

9:39

Donald Trump's presidency about his second

9:41

term. How is your cautious optimism

9:43

holding up now? Well, you know

9:45

the drugs have worn off so

9:47

everything's a little more muted But

9:49

no, I'm still, you know, that

9:51

tweet in particular was, you know,

9:53

classic Trump rage bait. And it

9:56

is offensive and disturbing for all

9:58

sorts of reasons. You know, I

10:00

was looking up other, you know,

10:02

it's odd, like if whenever an

10:04

American leader, you know, was quoting

10:06

Napoleon Bonaparte, something has gone wrong.

10:08

to begin with, but another Bonaparte

10:10

quote, which is worth thinking about

10:12

is that the greatest danger occurs

10:14

at the moment of victory. And

10:16

what we might, you know, what

10:18

I think all of us should

10:20

be worried about, particularly Maga people,

10:22

is whether or not Trump and

10:24

Elon and the whole operation is

10:27

going to start going down weird

10:29

rabbit holes where they destroy the

10:31

base that they have for certain

10:33

broad missions. You know, that I

10:35

think everybody is getting behind. And

10:37

before we talk about, I know

10:39

we're gonna talk about the GOP

10:41

budget plan, which is a great

10:43

example of how shitty things are

10:45

likely to become. We should also

10:47

recognize directionally things are going. in

10:49

a better direction than they would

10:51

be if Kamala Harris had won.

10:53

And I find many of the

10:55

things that the Trump administration is

10:58

doing to be pointless and stupid

11:00

and really like these are minor

11:02

things of you know like taking

11:04

off you know an extra cherry

11:06

on top of a Sunday or

11:08

something as opposed to going for

11:10

the real problems that are at

11:12

core. You know, you asked me,

11:14

am I cautiously optimistic? Yeah, I

11:16

still am. For all of the

11:18

rotten things that might be going

11:20

on, we're having a vastly different

11:22

conversation than we were even six

11:24

months ago. And that conversation is

11:26

about cutting the size scope and

11:29

spending of government. And this is

11:31

where I think libertarians really can

11:33

make a difference because MAGA people

11:35

are going to follow Trump, you

11:37

know, the state, that's him. Whatever

11:39

he does, they will define themselves

11:41

as such. I think it's up

11:43

to principle of the principle of

11:45

libertarians. start talking about, that isn't

11:47

cutting government spending, it is not

11:49

cutting government regulation, it is not

11:51

cutting the ability of one group

11:53

of people to tell other people

11:55

how to live. So still cautiously

11:57

optimistic. So many of these 50

12:00

million dollar programs that Trump is

12:02

discovering, I mean you compared them

12:04

to cherries on a Sunday, I

12:06

think of them more like peanuts,

12:08

like a single peanut in a

12:10

peanut buster. parfait, like it's still

12:12

a peanut buster parfait. Catherine, you

12:14

edit a libertarian magazine that has

12:16

long advocated for cuts to government

12:18

spending. for reducing the power of

12:20

the federal bureaucracy. You also love

12:22

rockets, and you've praised Elon Musk

12:24

repeatedly on this podcast for his

12:26

accomplishments with SpaceX. There's that old

12:28

saying, be careful what you wish

12:31

for, right? Like you wish that

12:33

you find a genie, and you're

12:35

like, oh, I'm gonna wish for

12:37

the thing I want most in

12:39

the world, and then you get

12:41

it, and it's not exactly what

12:43

you thought. Do you sometimes feel

12:45

these days, like maybe you told

12:47

a genie, like, you told a

12:49

genie, like, evil and devious? Yes,

12:51

absolutely. I feel like, like in

12:53

my, in my like, ariest daydreams

12:55

at some point, I had the

12:57

thought like, what if, what if

12:59

Elon Musk was in charge? And

13:02

then, and then I like fell

13:04

asleep and forgot about it and

13:06

like, yes, a genie heard me

13:08

and now I am cursed with

13:10

the fulfillment of my wishes. Musk

13:12

tweeted in response to the, to

13:14

the rule of law tweet from

13:16

Trump, like 10 American flags. And

13:18

that is not, that's not. what

13:20

I was hoping for, to be

13:22

quite honest, in my fondest dreams.

13:24

I am struggling with the fact

13:26

that like, this is a little

13:28

fun. It's pretty fun. It's pretty

13:30

fun to just watch Elon Musk

13:33

running around being like, all your

13:35

database are belong to us. Like

13:37

he's just out here doing stuff

13:39

that people did not previously dare

13:41

to do. the fact that there's

13:43

like low-key ongoing baby mama drama

13:45

just like happening under as like

13:47

a bare undercurrent to all of

13:49

this is outstanding it really is

13:51

like you personally are scripting all

13:53

of this it's delightful however the

13:55

thing that I want even more

13:57

than a sort of chaotic and

13:59

entertaining political scene is for this

14:01

to work I would like it

14:04

to work I would like for

14:06

government to be smaller at the

14:08

end of this process. And as

14:10

of right now, I just don't

14:12

have a lot of faith that

14:14

that's what's going to happen. I

14:16

think that, and I've said this

14:18

before, we end up with a

14:20

scenario that's similar to the first

14:22

Trump term, which is to say,

14:24

a lot of, there's like a

14:26

very high unseen element to this.

14:28

Like a lot of new regulations

14:30

are not going to be promulgated.

14:32

A lot of new spending probably

14:35

will not happen that would have

14:37

happened under Harris or even under

14:39

a mainstream Republican. And that is

14:41

good, and I like that. But

14:43

in the mean time. Like rule

14:45

of law is like, it's like

14:47

Tinkerbell, like you have to clap

14:49

if you believe, like you just,

14:51

the way that we have rule

14:53

of law is if everyone believes

14:55

we have rule of law. It's

14:57

not like, you know, it's something

14:59

that's subject only to enforcement actions

15:01

by the courts or by the

15:03

cooperation of law enforcement or by

15:06

the cooperation of elected officials. It

15:08

has to be an ethos in

15:10

the country. And, and I do.

15:12

think that you know it's it's

15:14

in reason foundation's mission statement is

15:16

that we like the rule of

15:18

law and as much as that

15:20

sometimes can hurt my little anarchist

15:22

heart until we get to my

15:24

utopia we do need to take

15:26

that seriously. Do you think though

15:28

that any of these cuts could

15:30

happen and you know and I

15:32

mean this for everybody but especially

15:34

Justin because you worked at the

15:37

place that supposedly is you know,

15:39

writing the laws and then, you

15:41

know, and whatnot. But like, can

15:43

you get cuts if you say,

15:45

okay, we're going to go through

15:47

the rule of law and we're

15:49

not going to use any executive

15:51

actions to start slicing away parts

15:53

of the budget that are under

15:55

the White House's control? I think

15:57

you can, but you have to

15:59

do it in the way that

16:01

the House and Senator is supposed

16:03

to work, and they don't work

16:05

that way right now. So... I

16:08

understand why Trump is taking this

16:10

approach. I don't agree with the

16:12

general approach of just ignoring Congress.

16:14

I understand. why he's doing it

16:16

because it's the easy way, but

16:18

it's not robust. It's not sustainable.

16:20

It doesn't hold up under scrutiny.

16:22

You're going to have all sorts

16:24

of court cases, legal challenges. A

16:26

lot of this stuff is going

16:28

to get reversed. At the end

16:30

of the day, who knows how

16:32

much of this actually ends up

16:34

happening in reality? What you have

16:36

to do if you want to

16:39

change the system is you have

16:41

to persuade Congress. There's no getting

16:43

around that. Congress decides the spending,

16:45

Congress decides the spending, it's not

16:47

decided by Elon Musk as much

16:49

as many of us might like

16:51

him to decide spending decisions. I

16:53

mean we know that he can

16:55

cut bloated organizations, we understand that.

16:57

I like the energy he has,

16:59

I like that he's tackling this

17:01

and that Doj is going after

17:03

this aggressively, but unless they follow

17:05

through and persuade Congress. And that's

17:07

on the president in large part,

17:10

that he has to be willing

17:12

to veto things. He has to

17:14

be willing to say, no, I'm

17:16

not going to raise the debt

17:18

ceiling. Unless the president is willing

17:20

to put the pressure on Congress,

17:22

none of this will last. And

17:24

at the end of the day,

17:26

will you end up with is

17:28

an erosion of the rule of

17:30

law. And the next administration, which

17:32

could be Democrats again, who knows?

17:34

You could end up with a

17:36

Democratic administration. You could end up

17:38

with a very left-wing administration even.

17:41

You just don't know how these

17:43

things keep swinging back and forth

17:45

from, you know, Obama to Trump

17:47

to Biden to Trump and who

17:49

knows what the next person's going

17:51

to be. So if you create

17:53

a precedent that all this stuff

17:55

is whatever the president wants to

17:57

do, the president can do, then

17:59

you're setting of... your settings up

18:01

for a very dangerous future and

18:03

for those of us who care

18:05

about liberty for those of us

18:07

who are libertarians this is not

18:09

the way to do it we're

18:12

never going to win in an

18:14

anything goes system Honestly, like if

18:16

you say the person in charge

18:18

can do whatever they want, that

18:20

is not a win for libertarian.

18:22

They're not going to do what

18:24

we want. They're not doing what

18:26

the libertarians want. I can assure

18:28

you of that. Populism is going

18:30

to win 10 out of 10

18:32

times in a system where you've

18:34

got the person at the top.

18:36

A lot of the people in

18:38

these kinds of dictatorships, they end

18:40

up there. through populism. It starts

18:43

with this kind of rhetoric. You're

18:45

doing what the people want. People

18:47

think that these dictators just rose

18:49

to power. No, they did what

18:51

the people want. And so I'm

18:53

not suggesting that the current administration

18:55

is dictatorial. I'm just saying that

18:57

you are setting us up for

18:59

potentially a future where you have

19:01

a more authoritarian type of system.

19:03

And that is very bad for

19:05

Americans. And there are two different

19:07

bills, right, that are out there

19:09

right now that could move power.

19:11

quite significantly on this token, right?

19:14

So we have, I guess it's

19:16

Mike Lee's bill, who would grant

19:18

general statutory authority to reorganize the

19:20

executive branch to the president. And

19:22

that would make some of what

19:24

Doj is doing more legitimate. It

19:26

would still be subject to like

19:28

a fast-track type vote, I think,

19:30

so Congress retains. you know, a

19:32

final veto power on that. The

19:34

other option is the Ran Paul

19:36

version, right, which is the legislative

19:38

could reclaim its authority over the

19:40

bureaucracy, and that would work too.

19:42

But both of these paths still

19:45

require Congress to do something, to

19:47

do anything, to like give a

19:49

shit in a way that I

19:51

just am not sure Congress is

19:53

willing to do right now. Or

19:55

they require the executive to simply

19:57

ask Congress. Hey. We want to

19:59

do this, we want to cut

20:01

this spending, or I should say,

20:03

we want to not spend this

20:05

money. And instead of just doing

20:07

it entirely through executive power, through

20:09

impoundment, you just create a rescission

20:11

bill, you send it back to

20:13

Congress, there are people out there

20:16

suggesting that this can be done

20:18

through a privileged vote, so it

20:20

just requires a simple majority. are

20:22

a majority in both houses of

20:24

Congress, this is a possibility. But

20:26

let's actually, let's transition just a

20:28

little bit here and talk about

20:30

Congress, because a lot of the

20:32

concern about Doge and Trump amounts

20:34

to, as we've been talking about,

20:36

look, these things that they are

20:38

doing might be good. They might.

20:40

But they need to do it

20:42

through Congress. They need to pass

20:44

legislation if they are going to

20:47

cut government in a robust way.

20:49

Well, Congress is in fact working

20:51

on passing some legislation right now.

20:53

That's right. There's another big budget

20:55

bill in the works, and it

20:57

would increase the debt by three

20:59

to four trillion dollars. Justin Amash,

21:01

when you were in Congress, you

21:03

were, as I think ChetchebeatT told

21:05

us, you were an outspoken critic

21:07

of the budget process. Can you...

21:09

Talk us through some of the

21:11

criticisms of the process. Explain how

21:13

they apply to what's going on

21:15

in Congress right now. Well, my

21:18

overall criticism is that it's smoke

21:20

and mirrors. Okay, they're going to

21:22

tell you that they are cutting

21:24

spending by $2 trillion. And they

21:26

love to talk about that. And

21:28

it's all just on paper. It

21:30

doesn't actually mean anything. Because what

21:32

matters is what Congress does this

21:34

year. It doesn't matter that Congress

21:36

promised you that seven years down

21:38

the road, some other president and

21:40

some other Congress is going to

21:42

follow this plan that we set

21:44

up today. That doesn't mean anything.

21:46

That other president and other Congress

21:49

is not going to follow your

21:51

plan. So what matters is what

21:53

can you do today to reform

21:55

government? If you're talking about the

21:57

biggest drivers of spending in government,

21:59

you're talking about the biggest programs,

22:01

of course. Social security, Medicare. Medicaid

22:03

and defense spending. And if you

22:05

don't address those in any sort

22:07

of way, you're not going to

22:09

actually address the budget problem. So

22:11

my issue is they are talking

22:13

about this stuff like it's a

22:15

real thing. It's imaginary. What matters

22:17

is what do they do this

22:20

year? And I don't think they

22:22

really have the appetite. and like

22:24

looking at the posts of my

22:26

friend Thomas Massey and he's been

22:28

saying look I don't think these

22:30

people have the appetite to do

22:32

this he's there I talked to

22:34

another colleague recently on the phone

22:36

who's over there and says hey

22:38

I'm thinking about just getting out

22:40

of here because this is such

22:42

a mess they're not they're not

22:44

going to follow through on what's

22:46

going on you know that Trump

22:48

And Musk are saying, let's cut

22:51

this, let's cut that, especially Musk,

22:53

I think, is the driver behind

22:55

this more than Trump. And the

22:57

members of Congress aren't really going

22:59

to take advantage of that moment.

23:01

And if they're not going to

23:03

press forward, then what's the point

23:05

of any of it? Yeah, I

23:07

think that's right. So Nick, put

23:09

the current House budget process mess

23:11

in the context of what Doge

23:13

is trying to do. Elon Musk

23:15

is out there tweeting a hundred

23:17

times a day about all of

23:19

this waste and fraud that he

23:22

has, that he is saying that

23:24

he has found for the very

23:26

first time in the budget. And

23:28

so many of these numbers seem

23:30

really big. $50 million for condom

23:32

bombs in Gaza, except wait, it's

23:34

actually a program for a different

23:36

country and it's Gaza, Michigan. Gaza,

23:38

Michigan or something like that, right?

23:40

That's the point. So let's, like,

23:42

help me think about it. It

23:44

was not the Gaza in the

23:46

Middle East. Let's put it. Yes.

23:48

That's the point. So let's, like,

23:50

help me think through, like, on

23:53

the one hand. Elon Musk is

23:55

making a real effort to at

23:57

least redirect the conversation to government

23:59

waste, fraud, abuse, overstaffing in the

24:01

agencies, the incredible power of the

24:03

regulatory agencies. On the other hand,

24:05

Republicans in Congress look like they

24:07

are about to expand the federal

24:09

budget, the debt, the deficit by

24:11

trillions more. said at a recent

24:13

Tesla investors meeting he went through

24:15

a not fully accurate reading of

24:17

Milton Friedman's you know axiom that

24:19

the burden of government is what

24:21

it spends not what it taxes

24:24

or regulates or anything and he

24:26

said we have to cut government

24:28

spending that there's no way around

24:30

it he's actually sharpening that for

24:32

you know not long ago in

24:34

front of Donald Trump he said

24:36

you know we can cut a

24:38

trillion dollars in spending and that'll

24:40

really net out to like $2

24:42

trillion in savings because of blah,

24:44

blah, blah. He's now just saying

24:46

we need to cut government spending.

24:48

I think this is where you're

24:50

going to start to see a

24:52

separation between Trump and Musk, partly

24:55

because in the end, the way

24:57

the Republican Party maintains power and

24:59

gets into power is by spending

25:01

more unfavored constituencies. And when you

25:03

look at the GOP budget blueprint,

25:05

you know, it. promises a lot

25:07

of cuts over the long haul

25:09

in things like Medicaid, student loans,

25:11

snap benefits, food stamps, and adding

25:13

more money in order to increase

25:15

defense spending and immigration, you know,

25:17

deportations. You know, what is it

25:19

gonna be next year? And that's

25:21

the real question because it's easy

25:23

to say we're gonna cut a

25:26

bunch of things that we think

25:28

our voters don't care about. Our

25:30

voters are not getting student loans.

25:32

are not getting food stamps, they're

25:34

flinching already and Donald Trump was

25:36

never a small budget guy. He

25:38

never wanted to spend less money.

25:40

I think this is where Musk,

25:42

I think you know this is

25:44

what he is doing that is

25:46

vitally good, which is that when

25:48

he calls out often in error

25:50

the amount of mispayments that are

25:52

being made, he is at least

25:54

you know, facilitating a conversation on

25:57

Twitter at the very least about,

25:59

my God, there is so much

26:01

stuff out there. People no longer

26:03

in the government have no idea

26:05

what they're talking about. about when

26:07

I've been thinking about this story

26:09

I remember reading in the 1980s

26:11

about the Vatican when they did

26:13

an audit and it turned out

26:15

that at some point in the

26:17

1980s the Vatican actually owned condom

26:19

factories to bring everything's about condoms

26:21

but the point was Did they

26:23

cut the spending on that? Well,

26:25

they sold it off, you know,

26:28

but it was so vast and,

26:30

you know, complicated that the Vatican

26:32

really did not know what it

26:34

was doing. It had so many

26:36

holdings and so many different things.

26:38

The federal government is like that.

26:40

And so... It's good that we're

26:42

learning about the specifics of what

26:44

USAID did, even if many of

26:46

the particular claims are wrong. And

26:48

it would be better to be

26:50

correct than not incorrect, you know,

26:52

about Social Security payments, things like

26:54

that. But I don't, you know,

26:56

I think what you're seeing is

26:59

the beginning of the end of

27:01

the alliance between Musk and Trump,

27:03

because the Republican Party, including Donald

27:05

Trump, want to spend more money.

27:07

And that is not what Doj

27:09

is kind of pushing at this

27:11

moment in time. I do wonder,

27:13

like, the counterfactual to think about

27:15

here, and we have some tools

27:17

to answer this question, is what

27:19

does the Second Trump administration without

27:21

Elon Musk look like? Right. I

27:23

mean, he's still pardoning your, or

27:25

like calling off the DOJ on

27:27

Adams. He's still, you know. out

27:30

just like whatever is happening in

27:32

Europe right now, which I think

27:34

we might talk about later. He's

27:36

still doing a bunch of the

27:38

more signature Trumpian things that he

27:40

said he would do. But A,

27:42

I think people would be focused

27:44

more on those things in a

27:46

way that maybe would be helpful

27:48

or maybe would not be. Instead,

27:51

so much of the energy of

27:53

coverage around Trump and so much

27:55

of the energy of kind of

27:57

assessing Trump has to do with

27:59

a flurry that Musk has caused.

28:01

And I think that- It's not

28:03

a flurry. It's a peanut buster

28:05

parfait. I don't know what it's.

28:07

Always. Amash is cutting. Don't be

28:09

so mean. Stop saying the words

28:11

peanut butter parfait. This protein. Peanuts.

28:13

My middle age lady internet tells

28:16

me that I can't eat peanut

28:18

butter to get my protein, that

28:20

it's a lot of sugar. And

28:22

I'm really mad about that. I

28:24

was ready to go out at

28:26

all peanut butter diet. That's maha,

28:28

right, which is another thing we

28:30

haven't talked about. That's true. And

28:32

which is a frightening apparition on

28:34

the horizon. For sure, there is

28:36

a vision of the second Trump

28:38

administration that is like minus Musk

28:40

and maybe minus Kennedy that is

28:42

like a profoundly different, less weird,

28:44

less good, question mark administration. I

28:47

don't know. So one possibility is

28:49

that there would still be some

28:51

emphasis on reducing federal employment and

28:53

cutting spending through the executive, but

28:55

instead of going through Doge and

28:57

Elon Musk, it would go through

28:59

the White House Budget Office and

29:01

OMB Director Russ Vote. And so

29:03

that brings us to our next

29:05

topic. Speaking of budget messages and

29:07

constitutional blunders, I want to talk

29:09

about the Consumer Financial Protection Bureau,

29:11

which is the agency created... via

29:13

the inspiration of Elizabeth Warren, sort

29:15

of by her, sort of not,

29:17

under Barack Obama, White House Budget

29:20

Chief Ross Vaut announced last week

29:22

that he was effectively defunding the

29:24

agency by seeking zero, that is

29:26

a big old goose egg, zero

29:28

dollars to fund it. And in

29:30

this case, there are no serious

29:32

constitutional or procedural concerns whatsoever. Catherine,

29:34

I actually want to start with

29:36

you here, why is that? Just

29:38

give us the, like, explain... why

29:40

it is that this is not

29:42

a problem in any way from

29:44

a constitutional perspective. Listen, I want

29:46

to start by saying I love

29:48

everything that reason publishes and produces

29:50

equally. I love all my children

29:53

the same. I sense a but

29:55

coming. But my favorite article that

29:57

we published last week is Eric

29:59

Bame. writing about the CFPB, the

30:01

headline is Elizabeth Warren's hubris allowed

30:03

Trump to defund the CFP and

30:05

the entire piece is structured around

30:07

the metaphor of when Achilles' mother

30:09

dips him in the river sticks

30:11

in order to make him invulnerable

30:13

to harm but of course she's

30:15

holding him by his heel thus

30:17

the famous Achilles heel is born

30:19

and he says Like Elizabeth Warren

30:21

is the latest. Elizabeth Warren is

30:24

Achilles' mother. She in the birthing

30:26

and building of this of the

30:28

CFPB left this tragic flaw, this

30:30

weakness, which is that it has

30:32

to be funded in this somewhat

30:34

unusual way by the executive and

30:36

the executive can simply put in

30:38

a funding request of zero as

30:40

Trump has done. This is Elizabeth

30:42

Warren's hubris, like a Greek word

30:44

for chosen on purpose has led

30:46

us to this place. all reason

30:48

articles should actually be structured on

30:50

like mythic archetypes and that is

30:52

what we will be doing going

30:54

forward but it is very very

30:57

on point here and like she's

30:59

she is experiencing the same thing

31:01

that I am like she wished

31:03

for you know she made all

31:05

of her wishes and now she's

31:07

getting what she wished for and

31:09

it sucks wait you and Elizabeth

31:11

Warren go to the same genea

31:13

I mean honestly Elizabeth Warren and

31:15

I have a lot more in

31:17

common temperantally than I would like

31:19

to admit like we're doing different

31:21

we're different goals but like are

31:23

we not the same gal on

31:25

something to the level constantly talking

31:28

about your Indian heritage I am

31:30

I will not shut up about

31:32

my about my one four hundred

31:34

and seventy six Cherokee or whatever

31:36

she is Justin you were in

31:38

Congress while there were a lot

31:40

of debates about the CFPB and

31:42

while it was doing a lot

31:44

of the work that it was

31:46

doing what did you learn about

31:48

that agency during your time in

31:50

Congress? Well I learned that it's

31:52

not necessary it's harmful like a

31:54

lot of things in government And

31:56

this goes to another point about

31:58

what Trump and Musk are doing.

32:01

I really wish the that Trump

32:03

would make the case and I

32:05

you know he's got to have

32:07

people prep him on this and

32:09

explain it to him and and

32:11

because I don't think this is

32:13

you know where he's at his

32:15

strongest but I wish that they

32:17

would make the case that a

32:19

lot of the things that they

32:21

want to eliminate are unconstitutional and

32:23

if you make the case that

32:25

things are unconstitutional I do think

32:27

that the executive can make the

32:29

strong argument I'm not going to

32:31

execute these programs. They are not

32:34

authorized under our constitution. Now you'll

32:36

still get legal challenges, but I

32:38

believe you're on much stronger ground

32:40

in these legal challenges if you

32:42

make a constitutional case for why

32:44

a program or an entire department

32:46

is not constitutional. Let it go

32:48

to the Supreme Court and let's

32:50

have this real debate. Instead, what

32:52

they seem to be doing too

32:54

often is... Oh, we just don't

32:56

like this thing. It's bad on

32:58

policy grounds. That's why I'm against

33:00

it. We just want to impose

33:02

our own policy vision on the

33:05

country. And when you're talking about

33:07

imposing your own policy vision, you're

33:09

on much weaker ground. You have

33:11

much worse standing. You have to

33:13

go and make the constitutional case

33:15

against these things. And I do

33:17

wish they would do that. So

33:19

the CFPB was challenged as unconstitutional.

33:21

This did go to the Supreme

33:23

Court, and the Supreme Court, it's

33:25

a little bit complicated, but they

33:27

basically signed off on it. They

33:29

said this agency in this structure

33:31

where the funding comes through the

33:33

Treasury, that in fact, in this

33:35

case, Congress kind of can give

33:38

up its power of the purse.

33:40

Do you think that President Trump

33:42

or any Republican, any president who

33:44

wanted to get rid of the

33:46

CFPB could still kind of make

33:48

that constitutional arguments even after the

33:50

Supreme Court has weighed it. Yeah,

33:52

I think you have to, you

33:54

have to go there, you have

33:56

to make another argument, you're presenting

33:58

it to the court again, they

34:00

can change their mind, precedent can

34:02

be overturned. We've seen this already

34:04

with this court where they're willing

34:06

to overturn something like Roe v.

34:08

Waite and say, okay, that's no

34:11

longer the law. And so I

34:13

would make the case again. I

34:15

would get the best legal minds

34:17

together to make the best constitutional

34:19

argument against the CFPB and other

34:21

executive departments. You know

34:23

if I can I just want

34:25

to say I think the attack

34:27

on CFPB is great You know

34:29

there are procedural issues that you

34:31

know need to be attended to

34:33

and all of that kind of

34:35

stuff But one of the things

34:37

and this is the power of

34:39

You know of the current Trump

34:42

administration's kind of offensive which is

34:44

that it's forcing people to justify

34:46

what they do. CFPB has not

34:48

been around that long. How did

34:50

we get by without it? You

34:52

can say something similar about the

34:54

Department of Education, which would require

34:56

more legislation and things like that,

34:58

but it's like, you know, somehow

35:00

we managed to get through. you

35:02

know, United States history without a

35:04

Department of Education until 1979, you

35:06

know, etc. And like, this is,

35:08

this is where we know we're

35:11

in a major shift, a major,

35:13

you know, vibe shift or whatever

35:15

you want to. call it, when

35:17

you start talking to people and

35:19

say, okay, we're getting rid of

35:21

that, defend it. And if your

35:23

first answer is, well, it's always

35:25

been this way or it's been

35:27

this way for a long time,

35:29

where it's like, I get my

35:31

paycheck from this, this is what

35:33

happened with the, you know, the

35:35

attacks on gay marriage. You know,

35:37

ultimately people who are trying to

35:39

defend, you know, a legal marriage

35:42

as it's always been, one man

35:44

and one woman, it turned out

35:46

to be a pretty weak argument.

35:48

And I think that's what we're

35:50

witnessing here now. And I think

35:52

it's good. You know, and I'm

35:54

happy to see it, even as

35:56

I worry about some of the

35:58

outcomes and things like that. And

36:00

again, I think what's missing from

36:02

the current moment is. this libertarian

36:04

underpinning, which is about principles, not

36:06

outcomes. And, you know, this is

36:08

the rule of law. Like, we

36:11

need to live in a society

36:13

where people will accept to live

36:15

by an outcome that might not

36:17

go their way. We know Trump

36:19

won't do that. He's a terrible

36:21

messenger for that, but he's giving

36:23

us an opening to kind of

36:25

really peel back a lot of

36:27

useless government actions and spending and

36:29

things like that, because the people

36:31

defending them are only saying, look,

36:33

it's always been this way. Yeah,

36:35

so I mean, I think you're

36:37

just absolutely right to point to

36:39

the rule of law as what

36:42

matters here. And there's a real

36:44

irony in looking at the CFPB

36:46

story happening right now in the

36:48

context of Doge and all of

36:50

the complaints about kind of procedural

36:52

screwiness and lack of concern for

36:54

the kind of core constitutional issues,

36:56

because the Achilles heel, the big

36:58

flaw with the CFPB, was that

37:00

Elizabeth Warren wanted to make sure

37:02

that it was invulnerable that it

37:04

was invulnerable. that people couldn't defund

37:06

it or get rid of it.

37:08

And so she created a mechanism

37:11

for funding it that was at

37:13

least constitutionally dubious. I mean, it

37:15

was tied up in court for

37:17

a decade or so and there

37:19

were real concerns to the point

37:21

where, like I said, it went

37:23

to the Supreme Court. And by

37:25

going around the Constitution and by

37:27

not following it to the letter,

37:29

she made her own agency, her

37:31

own project, her own baby in

37:33

government, she made it vulnerable to

37:35

attack from the other side. And

37:37

this goes to the point that

37:39

Justin was making was making earlier.

37:42

do this stuff is because you

37:44

want to be robust and enduring,

37:46

you follow the law, you follow

37:48

the Constitution, because that's how you

37:50

make change happen. Should we have

37:52

a question here? No, go ahead.

37:54

Now I just want to add,

37:56

this is the arrogance of politicians

37:58

that is at work. They always

38:00

assume that they will be the

38:02

ones in power. So when you

38:04

see Trump doing the things he's

38:06

doing, there's this weird assumption that

38:08

he's going to be in power

38:11

forever. And maybe some people think

38:13

that he will. But there's this

38:15

weird assumption. that he's going to

38:17

be there forever, and he's going

38:19

to be able to control the

38:21

executive branch, or Republicans at the

38:23

very least will continue to control

38:25

the executive branch. And they never

38:27

think about the other side being

38:29

in control. Whenever you're working on

38:31

anything in government, you should always

38:33

think about your other side being

38:35

in control. Whenever you're working on

38:37

anything in government, you should always

38:39

think about your enemies. You need

38:42

to think about those things. And

38:44

I don't think members of Congress

38:46

think about that stuff because they're

38:48

too arrogant or aloof or just

38:50

don't care enough about the. the

38:52

system. All right, speaking of the

38:54

system and what presidents are doing

38:56

and allowed to do, we have

38:58

a listener question. It comes from

39:00

James, who writes, watching Trump deploy

39:02

tariffs against Canada, Mexico, Colombia, etc.

39:04

as a way of applying pressure,

39:06

incentivizing them to act in his

39:08

interest on non-economic topics, for example,

39:11

immigration, border security, has got me

39:13

wondering whether Trump actually views tariffs

39:15

as a negotiating tool rather than

39:17

an economic lever. I know people

39:19

in his camp have been saying

39:21

he'll use them to tax cuts,

39:23

but the evidence as I see

39:25

it suggests that Trump cares very

39:27

little about balancing the budget and

39:29

cares a great deal about negotiating

39:31

and deal making. Is that the

39:33

real reason he's so passionate about

39:35

tariffs? I'd love to hear the

39:37

panel discuss. Nick, let's start with

39:39

you. Is Trump using tariffs primarily

39:42

as a negotiating tool? Or is

39:44

there something more going on? No,

39:46

I think he is not using

39:48

it as a negotiating tool. He

39:50

loves tariffs. He has said publicly

39:52

multiple times. I think that tariff

39:54

is the most beautiful. word in

39:56

the in the dictionary he has

39:58

called himself an unabashed tariff man

40:00

whatever that is that's like the

40:02

shittiest marvel superhero of all time

40:04

I would suspect there's not a

40:06

multiverse that would make that a

40:08

good policy and in two you

40:11

know in his first term in

40:13

2018 and 2019 he levied major

40:15

terror that almost $400 billion worth

40:17

of goods, which among other things

40:19

inspired retaliation by the Chinese against

40:21

American soybeans. They have been the

40:23

biggest consumer of American soybeans. We

40:25

have not recovered or U.S. soybean

40:27

producers have not recovered from losing

40:29

that market share in China, which

40:31

then went elsewhere. I did a

40:33

long interview with Doug Erwin, the

40:35

trade economist about all of this

40:37

kind of stuff. Trump is, you

40:39

know, he likes to negotiate, he

40:42

likes to deal, but he loves

40:44

tariffs and he is going to

40:46

impose them. This is not merely

40:48

a negotiating tactic. Justin, Trump did

40:50

say he was imposing tariffs on

40:52

Canada and Mexico and then pulled

40:54

back pretty quickly, although some of

40:56

that has gone back into effect

40:58

with steel. How do you understand

41:00

Trump's, the appeal of tariffs to

41:02

President Trump? Well, I don't understand

41:04

the appeal. But I also have

41:06

been baffled over the years. I've

41:08

really tried to figure out whether

41:11

he doesn't understand the economic impact

41:13

of tariffs or he doesn't care

41:15

or he's pretending not to understand.

41:17

I really don't know. And to

41:19

this day, his actions don't help

41:21

me get a good grasp as

41:23

to whether he does understand or

41:25

doesn't understand. For example, he's threatened

41:27

a lot of tariffs, but he

41:29

continues to suspend things, you know,

41:31

he was going to put tariffs

41:33

on Canada and Mexico, and he's

41:35

like, no, we'll suspend them. And

41:37

then he talks about these reciprocal

41:40

tariffs, and he says, oh, but

41:42

we're going to do a study.

41:44

And to me, any time someone

41:46

says they're doing a study, it

41:48

means they don't really want to

41:50

do the thing. They're trying to

41:52

push it back. they don't really

41:54

want to do the thing so

41:56

uh... it's not clear to me

41:58

what he thinks about them from

42:00

a economic standpoint, whether he believes

42:02

in them and then he has

42:04

advisors who are pushing back and

42:06

getting them to question them. And

42:08

then as for the negotiating tool,

42:11

I would say, okay, using them

42:13

as a negotiating tool might be

42:15

what he's trying to do. But

42:17

then again, if you're using them

42:19

as a negotiating tool, then you

42:21

can't do this thing where you

42:23

put them on and then you

42:25

take them off the next day

42:27

and say, oh, we're going to

42:29

pause them for a month. Because

42:31

then people start to call your

42:33

bluff on it. You have to

42:35

actually do it. So it's not

42:37

really a very good negotiating tool

42:40

if everyone thinks you're just going

42:42

to wait and suspend and stop

42:44

and pause and do studies. You

42:46

got to do it or not

42:48

do it. So I really don't

42:50

know where he's at on tariffs.

42:52

I know that he loves tariffs

42:54

in the sense that he loves

42:56

talking about them. He says they're

42:58

the greatest things. He says he's

43:00

a tariff man, all the rest.

43:02

I really don't know what his

43:04

whole game is with them. Catherine,

43:06

what do you, how do you

43:08

answer this question and you cannot

43:11

respond? I'm just going to do

43:13

a study. I think that I'm

43:15

going to respond with another peanut

43:17

butter themed answer. I think it's

43:19

like peanut butter and chocolate. It's

43:21

two great tastes that go great

43:23

together. It can both be a

43:25

negotiating tactic and a good unto

43:27

itself in Trump's eyes, I think.

43:29

With Trump's tariffs or Reese or

43:31

Reese. Objectively the worst Halloween candy,

43:33

by the way, fight me, fight

43:35

me. Wow, wow, it's objectively the

43:37

best Halloween candy. Here's the thing.

43:40

I do think, I agree, like,

43:42

there's a fundamental mystery at the

43:44

heart of Trump's relationship to terrorists,

43:46

which is, I think he has

43:48

said many times that words that

43:50

indicate that he does not understand

43:52

that what a trade deficit is.

43:54

And I think that's the heart

43:56

of it. He does not understand

43:58

the distinction between. Like budget deficit

44:00

and trade deficit as to Just

44:02

like just almost unrelated concepts frankly

44:04

say that he has a conceptual

44:06

deficit. But is it really is

44:08

it really possible that he doesn't

44:11

understand? I don't know. I think

44:13

so. I think you I think

44:15

the human mind is a marvel

44:17

of choosing not to know inconvenient

44:19

things and I think that he

44:21

has chosen not to know that.

44:23

But he works in business he

44:25

works in business and must experience

44:27

trade deficits of some sort all

44:29

the time like when you go

44:31

to the grocery store. He does

44:33

not perceive them in that way.

44:35

I don't think Donald Trump goes

44:37

to the grocery store. Okay. I

44:40

shop for the grocery store. They're

44:42

not shopping at my house. I

44:44

have a trade deficit with them.

44:46

I mean, this is the whole

44:48

the whole way the world works.

44:50

And you think that someone in

44:52

business would understand that that's why

44:54

I'm still, I still give him

44:56

the benefit of the doubt that.

44:58

Maybe he does understand it and

45:00

is just playing a game. I

45:02

don't know. I don't know what's

45:04

going on here. I thought you

45:06

were giving him the benefit of

45:08

the doubt that he's just not

45:11

very smart. So I think his

45:13

administration... I think he is bright.

45:15

I think he is bright. I

45:17

think he doesn't have a lot

45:19

of knowledge about a lot of

45:21

what goes on in government, for

45:23

example. But I think he's actually,

45:25

in terms of intelligence, I think

45:27

he's bright. sort of things that

45:29

I would bring to bear to

45:31

answer this question. One is that

45:33

Donald Trump has been incredibly inconsistent

45:35

on policy for decades. But the

45:37

one thing that he has been

45:40

most consistent about is that he

45:42

loves tariffs and he thinks they

45:44

are good. That tells you something.

45:46

Number two, even if Donald Trump

45:48

doesn't fully understand the costs of

45:50

tariffs, his administration has to understand

45:52

them because they paid farmers. There

45:54

was a bailout last time because

45:56

farmers were hurting under Donald Trump's

45:58

tariff and trade policies. There was

46:00

a real cost. I think Donald

46:02

Trump and his head probably just

46:04

thinks, well, that's sort of a

46:06

minor cost of doing business, of

46:08

doing tariffs, which I love because

46:11

I love tariffs. I just love

46:13

tariffs. He loves negotiating. I think

46:15

our listener question is correct in

46:17

some ways. He clearly thinks of

46:19

him as a deal maker. He

46:21

has this self-image that he has

46:23

projected and then sort of like

46:25

turned back on himself. He just

46:27

views himself as a deal maker

46:29

and thinks that using tariffs is

46:31

a good way to go ahead

46:33

and make deals. I think the

46:35

big thing that he doesn't understand,

46:37

yes, that he doesn't get trade

46:40

deficits. But he doesn't understand economic

46:42

uncertainty. And this is the thing

46:44

that really worries me about Donald

46:46

Trump's threatened tariffs, is that even

46:48

if they don't go into effect,

46:50

or they go into effect for

46:52

just a little while, and then

46:54

he reverses them. There is going

46:56

to be so much uncertainty in

46:58

the economy in a world where

47:00

tariffs could be going on and

47:02

off at any time, where you

47:04

can't even figure out, OK, this

47:06

is going to be the cost

47:08

of importing goods or moving stuff

47:11

back and forth over the border

47:13

between the United States and Canada

47:15

several times. that's your production process.

47:17

When you have that uncertainty, it

47:19

is incredibly destructive to making plans

47:21

and to economic activity, and that's

47:23

the thing that I think Donald

47:25

Trump is underrating here. Anyway, good

47:27

question. Thank you so much for

47:29

that. A reminder, we love to

47:31

answer your questions. Please submit yours.

47:33

Send your short succinct pithy and

47:35

otherwise not very long questions to

47:37

podcasts at Reason. Okay, let's stop

47:40

talking about Donald Trump for just

47:42

a little bit, and instead we're

47:44

going to talk about J.D. Vance.

47:46

Over the weekend, Vice President J.D.

47:48

Vance went to the Munich Security

47:50

Conference in Germany, and he gave

47:52

a speech, the key line of

47:54

which I want to read you.

47:56

The threat that I worry the

47:58

most about vis-a-vis Europe is not

48:00

Russia. It's not China, it's not

48:02

any other external actor. What I

48:04

worry about is the threat from

48:06

within, the retreat of Europe from

48:08

some of its most fundamental values,

48:11

values shared with the United States.

48:13

So this that generated a whole

48:15

lot of discussion and discourse about

48:17

Europe's bureaucratic economy, about how Europe

48:19

is sort of falling behind the

48:21

United States economy, about lack of

48:23

free speech, especially in Germany, but

48:25

also folks saying, wait a minute,

48:27

what about Russia, which just invaded

48:29

a European country, you know, like,

48:31

with tanks. So, Justice Abash, what

48:33

did you think of J.D. Vance's

48:35

speech and his claim that the

48:37

biggest threat to Europe isn't Russia.

48:40

but European over regulation and different

48:42

cultural values. Well, I think he's

48:44

right in a certain sense, right?

48:46

Okay, we can talk about wars

48:48

and wars present some kind of

48:50

immediate threat, of course, but in

48:52

terms of how your country is

48:54

going to operate, you know, in

48:56

the long run, whether it's the

48:58

United States or any other country,

49:00

the internal threats are really the

49:02

biggest. It's how do you handle

49:04

yourselves? as a people. And the

49:06

thing where I would disagree with

49:08

him is I don't think Europe

49:11

has ever been really good on

49:13

free speech. You know the United

49:15

States has a very unique history

49:17

in terms of the way we

49:19

protect people's rights. And the strength

49:21

of our First Amendment is incredible

49:23

and there's nothing like it anywhere

49:25

in the world. And I would

49:27

say the same thing about the

49:29

Second Amendment and other aspects of...

49:31

our constitution and the way we

49:33

govern. There are a lot of

49:35

people who, especially on the libertarian

49:37

side, who will criticize the US

49:40

as being, you know, authoritarian and

49:42

it's, you know, it's gone completely

49:44

astray and our constitution is not

49:46

worth anything, they'll say. But the

49:48

truth is, whether our constitution has

49:50

worked perfectly or not, and it

49:52

certainly has not worked perfectly to

49:54

restrain government. I mean, in many

49:56

respects, it has let government grow

49:58

completely out of control. But on

50:00

the other hand, I think it

50:02

has protected our... country in ways

50:04

that are almost inconceivable. I mean,

50:06

we take it for granted that

50:08

we have such a robust First

50:11

Amendment protection here. And Europe has

50:13

never been very good at this.

50:15

And I think that he's right

50:17

that the threat to Europe in

50:19

the long run is this sort

50:21

of illiberalism in the sense of

50:23

the people being controlled by the

50:25

government. being told what they can

50:27

say, what they can think, that

50:29

leads to a significant deterioration over

50:31

time, and there's no recovering from

50:33

that, and that's on top of

50:35

the social welfare state that they

50:37

have there and all the other

50:40

problems. I do think that Europe

50:42

is in a lot of trouble,

50:44

and it's internal trouble. It's not

50:46

so much external trouble. There's

50:48

that meme that you always see,

50:50

whenever this sort of thing happens,

50:52

like the European mind cannot comprehend,

50:54

and then it's always like a

50:56

washer and dryer, like if it

50:59

works, you know, something like that,

51:01

but this is also true about

51:03

free speech. I mean, and I

51:05

think anybody who has had any

51:07

kind of experience talking to people

51:09

who grew up in Europe, they

51:11

just cannot grock the concept of

51:13

free speech as it exists in

51:15

the United States, and this is

51:17

a divide that I think... gets

51:20

remarked upon every now and then,

51:22

but people need to understand, like,

51:24

they don't have it. It's not

51:26

just that they don't have it,

51:28

it's that they don't understand it.

51:30

But I think that's a secondary,

51:32

I mean, if not tertiary, reason

51:34

for the EU's malaise. is because

51:36

of economic regulation and you know

51:38

and that filters into other things

51:41

but we've talked about this in

51:43

the past if you go back

51:45

to 1995 or even 2000 the

51:47

EU's economic output and the US

51:49

economic output was about the same

51:51

now it's less than half of

51:53

what the US produces on an

51:55

annual basis that is fundamentally and

51:57

almost completely because of terrible economic

52:00

regulation where you know they They

52:02

are constantly looking at the worst

52:04

case scenarios. They're getting out in

52:06

front of every. new technology and

52:08

every new business innovation in order

52:10

to kind of throttle and strangle

52:12

their economy. I think you take

52:14

that away and things change very

52:16

differently. As Justin was saying, Europe

52:18

has always been terrible on free

52:21

speech and free expression, certainly relative

52:23

to the US. It's probably worse

52:25

now than it was 25 years

52:27

ago, but I think the main

52:29

problem is that the EU thinks

52:31

that it can maintain everything the

52:33

same way. social welfare benefits, they

52:35

shovel money at people to have

52:37

kids. France is a great place

52:40

to have kids. You get all

52:42

kind of freebies, people aren't doing

52:44

it, and the reason for that

52:46

is because the economic output and

52:48

the economic, you know, prospects in

52:50

Europe are terrible. But they can't

52:52

absorb. immigrants and they've never been

52:54

good at immigration, but they need

52:56

newcomers, but they can't, you know,

52:58

they'll let them in and then

53:01

they give them money and don't

53:03

let them work and don't let

53:05

them assimilate. That's a spiral. Having

53:07

said that, I do want to

53:09

point out that like, you know,

53:11

Vance is like kind of waving

53:13

away the idea that, you know,

53:15

Russia invading a sovereign nation is

53:17

like, you know, BFD. That's problematic

53:19

in a different way, not that

53:22

the U.S. should be involved. And

53:24

it's actually good, like that he,

53:26

you know, what Trump did the

53:28

first time around and is doing

53:30

again, is saying to Europe, like,

53:32

you've got your corner of the

53:34

world, make sure you, you know,

53:36

keep it neat and clean. You're

53:38

not going to get a blind

53:41

check from the U.S., which is

53:43

also, I think, a positive sign.

53:45

is connected to free speech and

53:47

it's connected to the culture in

53:49

the sense that in America we

53:51

believe in risk-taking. We believe that

53:53

people can fail and get up

53:55

from that failure and try again.

53:57

We believe that people should be

53:59

criticized, that they should feel pressure

54:02

from the outside. They should take

54:04

on challenges, and a lot of

54:06

what happens in Europe is protecting

54:08

the people from themselves. Oh, we

54:10

don't want someone to hurt your

54:12

feelings. Oh, we don't want you

54:14

to feel like a failure. Oh,

54:16

we don't want you to... You

54:18

know, and it's one thing after

54:21

another, and that leads to economic

54:23

mail is, where you don't really

54:25

have... a vibrant economy because it's

54:27

not diverse, people aren't trying new

54:29

things, they're afraid to fail, they're

54:31

afraid of being insulted, they're afraid

54:33

of having their feelings hurt, it's

54:35

all connected. Vance, we

54:38

should also remember, is a guy

54:40

with a beard and a blog,

54:42

right? He came up like online.

54:44

He's a poster and he was

54:46

trolling to some extent. And that

54:48

was a kind of masterful international

54:51

trolling. I agree with some of

54:53

it, not all of it. But

54:55

Vance also gave another speech or

54:57

some other remarks when he was

54:59

in Europe that I want to

55:01

ask you about Catherine because it

55:03

goes to a concern that a

55:06

lot of guys with beards and

55:08

blogs have, which is artificial intelligence.

55:10

And he said. That excessive regulation

55:12

of AI would kill a transformative

55:14

industry just as it's taking off.

55:16

And he positioned the United States

55:19

as the place where pro-growth AI

55:21

policies are going to enable this

55:23

technology to become a potent tool

55:25

for job creation. Right? He's like,

55:27

the United States gets AI, you

55:29

don't. We have all the AI

55:31

companies and technology. It's working here.

55:34

Catherine, what did you think of

55:36

what JD Vance had to say

55:38

about AI and how? relates back

55:40

to his sort of more general

55:42

criticisms of Europe and what's going

55:44

on there. Yeah, I feel like

55:47

I'm an honorary guy with a

55:49

beard and a blog and so

55:51

I do identify with him in

55:53

this way. So the thing is,

55:55

Europe is not content actually to

55:57

stay in its own corner and

56:00

keep itself tidy. They want to

56:02

regulate the world and so that's

56:04

what's happening with AI. That's what

56:06

has happened with big tech for

56:08

the last 15 years. That's what's

56:10

happened with the charging cables on

56:12

our phones and computers. The EU

56:15

is trying to use the size

56:17

of its market, or Europe more

56:19

broadly is trying to use the

56:21

size of its market, to tell

56:23

companies that would like to operate

56:25

in that market how they can

56:28

behave everywhere in the world. I'm

56:30

sympathetic to the like, you are

56:32

not the boss of me, like

56:34

you are not my real dad,

56:36

Europe, like I don't have to

56:38

listen to you. And you know,

56:40

we fought a war for that,

56:43

God damn it. And I think

56:45

that that's healthy and that's useful

56:47

for the United States to remember

56:49

that we are. economically dominant for

56:51

the reasons that we just discussed

56:53

here and that we should not

56:56

make the compromise that Europe has

56:58

made I think greatly to its

57:00

detriment to say like maybe maybe

57:02

this is enough growth maybe we

57:04

have enough that is that is

57:06

wrong-headed in 14 different ways and

57:09

we should not go along to

57:11

get along we should fight them

57:13

on that stuff. Truly it is

57:15

a brave new world and that

57:17

is a preview of my cultural

57:19

recommendation. which we'll get to it

57:21

a little bit. Nick, I want

57:24

to start with you on our

57:26

final segment here. What have you

57:28

been watching, reading, listening to, otherwise

57:30

consuming? I watched Winner, which is

57:32

a doctor drama about reality winner,

57:34

the millennial whistleblower who was an

57:37

NSA contractor. gave a document from

57:39

the NSA or from her agency

57:41

to to the Intercept, which did

57:43

an incredibly bad job of masking

57:45

it, and so she was rounded

57:47

up even more quickly than she

57:50

would have been other ways. But

57:52

it's directed by Susanna Fogle. It

57:54

was written by Kerry Howley, who

57:56

worked at Reason for a long

57:58

time, and wrote a fantastic profile

58:00

of reality winner for New York

58:02

magazine, and then more recently published

58:05

a book called Bottoms Up and

58:07

the Devil Laughs. a lot of

58:09

things coming out of the reality

58:11

winter case. What I like about

58:13

this movie is that it is

58:15

very funny and it is also

58:18

a great, just outrage-inducing reminder of

58:20

all of the banal things that

58:22

we took seriously during the global

58:24

war on terror era, including prosecuting

58:26

somebody and then putting her in

58:28

jail, sentencing her to jail originally

58:30

for 63 months, somebody like reality

58:33

winner, who gave a document which

58:35

shouldn't have received classification in the

58:37

first place, certainly not at a

58:39

top or secret level of classification,

58:41

and then got convicted and put

58:43

in jail, she ended up taking

58:46

a plea deal and serving several

58:48

years in a federal penitentiary for

58:50

something that should not have in

58:52

any way shape or form. a

58:54

crime. And I'll just point out,

58:56

going back to our earlier conversations

58:59

about Donald Trump and all of

59:01

that, she was prosecuted under the

59:03

Espionage Act, you know, in Trump's

59:05

first administration. It was really... awful

59:07

case all along. This is a

59:09

small piece of art that is

59:11

a great and sardonic reminder of

59:14

what happens when we start to

59:16

get into a hysteria about where

59:18

we got to shut down freedom

59:20

of expression in the name of

59:22

some greater good. I haven't seen

59:24

the movie yet, but that story

59:27

is a case study in all

59:29

of the neo-conservative post-911 policy that

59:31

Justin Amash was talking about earlier

59:33

on this show. Justin, do you

59:35

have a cultural recommendation for the

59:37

reason roundtable listeners? Yeah, first I

59:39

want to say repeal the Espionage

59:42

Act and pardon reality winner. So

59:44

I watched the NBA all-star game

59:46

where my man... Kate Cunningham was

59:48

in his first NBA all-star game

59:50

and what I want to say

59:52

is they completely screwed up the

59:55

format. They changed it from a

59:57

normal game. Were they playing golf

59:59

or something? They changed it from

1:00:01

a normal game, you know, just

1:00:03

like an NBA game where you

1:00:05

got the four quarters, 12 minutes.

1:00:08

They changed it to this mini

1:00:10

tournament where you have four teams

1:00:12

playing up to 40. No clock,

1:00:14

no overall clock, just each team

1:00:16

plays up to 40. It's three

1:00:18

teams of all-stars and then

1:00:20

one team of just random

1:00:22

rising stars who are not

1:00:24

actual all-stars. They're just newbies to

1:00:27

the league. And then the three

1:00:29

teams of all stars were divided

1:00:31

in such a weird way where

1:00:33

like you had the old timers playing

1:00:35

on one team, you had the

1:00:38

international players on another team, and

1:00:40

you had kind of like the

1:00:42

relatively younger stars playing on another

1:00:45

team. So it was completely

1:00:47

mismatched and odd and it wasn't

1:00:49

very competitive. They did it because they

1:00:51

thought they were going to make the

1:00:53

game much more competitive. I

1:00:56

missed the old days watching. Michael

1:00:58

Jordan, Isaiah Thomas, Magic Johnson,

1:01:00

players who would actually go

1:01:02

to the all-star game and

1:01:05

compete. And now... You are

1:01:07

getting old. You're getting old. Now

1:01:09

the players go to the game.

1:01:11

They don't compete. They don't try.

1:01:13

This did not make them try

1:01:15

any harder. I know that they

1:01:17

do get some kind of prize money

1:01:19

for winning this tournament. but they really

1:01:22

have to up the dollar amount or

1:01:24

something like you know maybe give each

1:01:26

player a few hundred thousand dollars or

1:01:28

something. I know that's a lot of money but

1:01:30

hey they're putting this on TV it's

1:01:33

entertaining people at home you got to

1:01:35

these are players are already making millions

1:01:37

and millions of dollars you're going to

1:01:39

have to up the incentives to get

1:01:41

them to play hard otherwise you just

1:01:43

got to do away with it. This

1:01:46

this format this year did not fix

1:01:48

the problem. You know you mentioned Michael

1:01:50

Jordan that the whole setup reminded me

1:01:52

it was like something out of the

1:01:54

Space Jam movie. It just seems so

1:01:56

ridiculous and stupid I was expecting

1:01:58

what was the name of the

1:02:00

bad team, the monstars or something

1:02:02

to be playing in the final.

1:02:05

It was, yeah, just a misfire.

1:02:07

But fascinating that all of these

1:02:09

old institutions, they're not just in

1:02:11

politics, you know, are falling apart,

1:02:14

like nobody cares about the NBA

1:02:16

all-star game anymore, baseball or the

1:02:18

Oscars or the Grammys, like they

1:02:20

are, they're desperate and they're trying

1:02:23

to reinvent themselves because whatever the

1:02:25

old magic was, it just, it seems to

1:02:27

be a big deal. That is a great transition

1:02:29

because you know what has screwed

1:02:31

up the format and makes me

1:02:33

miss the old days? The Marvel

1:02:36

Cinematic Universe! There's

1:02:38

a new Captain America movie in

1:02:40

the movie theaters and oh my

1:02:42

goodness, it is a disaster. Just

1:02:44

an absolute disaster. Captain America,

1:02:46

Brave New World, supposedly the

1:02:49

fourth Captain America movie. That's

1:02:51

what it's billed at as. But

1:02:53

it's not really a Captain America

1:02:55

movie. It's an incredible Hulk movie.

1:02:57

And very specifically, it is pretty

1:03:00

much a direct sequel to the

1:03:02

17-year-old incredible Hulk film from 2008,

1:03:04

starring Edward Norton, who hasn't played,

1:03:06

the movie was so bad that

1:03:09

Edward Norton is no longer part

1:03:11

of the cinematic universe. They recast

1:03:13

that role, and Hulk has been

1:03:15

played by a completely different actor

1:03:18

for the last nearly two decades.

1:03:20

And yet, Marvel was like, you

1:03:22

know what? We're having real trouble here.

1:03:25

The movies are not, are just not

1:03:27

as successful as they are, as they

1:03:29

were before the pandemic. Everything is kind

1:03:31

of a mess. So let's, let's go

1:03:34

back and make a direct sequel. to

1:03:36

one of the least liked, least successful

1:03:38

early experiments in the Marvel universe and

1:03:40

then tell people it's a Captain America

1:03:43

movie. It's even worse than you think.

1:03:45

This movie went through tons of reshoots

1:03:47

and you can tell. I mean this

1:03:49

thing just looks like it's been through

1:03:52

like a wood shipper for the

1:03:54

editing. It's just an absolute disaster

1:03:56

on a story perspective. It's boring.

1:03:58

It's not fun. Harrison... is in

1:04:00

this movie as the president and he turns

1:04:02

into the red hulk at the end and

1:04:05

there is a fight in like in Washington

1:04:07

DC in front of the it's the flowers

1:04:09

that we always have like a cherry

1:04:11

blossoms like a like a like a

1:04:13

like in the cherry blossom trees down

1:04:16

by the the water like a spot

1:04:18

I've run there's this like it should

1:04:20

be this wonderful amazing like everything comes

1:04:22

together in this sort of glorious sort

1:04:25

of spy you know Washington DC set

1:04:27

thriller moment and it's It's just flat

1:04:29

out boring. all the way through. It

1:04:31

is totally, forget being a bad movie

1:04:34

though, it is totally misconceived. The people

1:04:36

running the Marvel Cinematic universe do not

1:04:38

understand what the appeal of the Marvel

1:04:40

movies are. They don't understand the appeal

1:04:43

of Captain America and what Captain America

1:04:45

is supposed to be in, what he

1:04:47

is supposed to be doing, because he's

1:04:49

not supposed to be the second, the

1:04:52

supporting player in his own movie. He's

1:04:54

not supposed to be somebody who doesn't

1:04:56

have any real conflicts or like this

1:04:58

movie is about like... Is this new

1:05:01

Captain America? Can you really take the

1:05:03

mantle of the old Captain America? And

1:05:05

the answer is, yeah, sure. Anyway, it's

1:05:07

terrible, it's boring, misconceived on every level.

1:05:10

I think it would be great if

1:05:12

Ed Norton had to hulk out in

1:05:14

every movie that he's in, because that

1:05:16

would have been a great scene in

1:05:18

a complete unknown when he plays Pete

1:05:20

Seeger, like when Bob Dylan goes electric.

1:05:22

You know, that might have saved that

1:05:24

movie too. I would have watched

1:05:26

that one. Catherine, what have you

1:05:28

been watching? And please, if you

1:05:30

have any comments on the NBA

1:05:33

All-Star Game or the Marvel Cinematic

1:05:35

Universe. Yeah. Now's the time. I read

1:05:37

a book and the title feels somehow

1:05:39

I propose for this podcast. It's called

1:05:42

I Who Have Never Known Men. And

1:05:44

it's supposed to be a dystopian,

1:05:46

honorary, beard, and podcast guy. It's

1:05:48

supposed to be a dystopian, but

1:05:50

it sounded pretty good right now. It's

1:05:52

by Jacqueline Hartman, and it actually came

1:05:55

to prominence on Book Talk. This is

1:05:57

a Book Talk book. Book Talk tends

1:05:59

to like... like, you know, this

1:06:01

is like, gals recommending each other

1:06:03

books on, on Tiktak. They tend

1:06:06

to like, kind of like, fantasy,

1:06:08

fairy, porn, that kind of thing.

1:06:11

This is not that. This is

1:06:13

a gorgeous spare translated from the

1:06:15

French dystopia. It opens with

1:06:18

40 women imprisoned in a

1:06:20

cage. They don't know why they

1:06:22

got there. And it's just

1:06:25

this long, beautiful meditation on

1:06:27

freedom and what makes you

1:06:29

human. if you have nothing.

1:06:31

And it's basically like if

1:06:33

it was the handmade's tail,

1:06:35

but nothing was ever explained.

1:06:37

You just live in this total vacuum

1:06:40

of, you don't know why the world

1:06:42

is the way it is, and you

1:06:44

just have to live in it. They

1:06:46

mean character just has to live

1:06:48

in it. She doesn't have a

1:06:50

name. She doesn't know her name.

1:06:52

She's the child, the only young

1:06:54

person in this world. It's

1:06:57

gorgeous. It's beautiful. It's weird.

1:06:59

It's all the things that

1:07:01

the NBA all-store game, Captain

1:07:03

America, Brave New World, are

1:07:05

not, and I recommend it

1:07:07

very, very highly if you

1:07:09

want to be confusingly depressed,

1:07:11

but also inspired. I who have

1:07:14

never known men by Jacqueline

1:07:16

Harman. Confusingly depressed is what

1:07:18

I am after reading the

1:07:20

news every day. But also inspired.

1:07:22

Well, we're hoping. Nick, do you

1:07:25

have any announcements, any events

1:07:27

you want to promote? Yeah,

1:07:29

on February 27th in New

1:07:31

York City, I'm going to

1:07:33

be sitting down for a

1:07:36

live interview. taping with Brian

1:07:38

Doherty who has a book

1:07:40

coming out called Modern Libertarianism

1:07:42

which kind of gallops through

1:07:44

the post-war era. It's a

1:07:47

nice addendum and auxiliary and

1:07:49

supplement to his radicals for

1:07:51

capitalism book but go to

1:07:53

reason.com slash events and come out

1:07:55

and talk to Brian Doherty and

1:07:58

drink some beer, wine, soda. and

1:08:00

have what we call light fair.

1:08:02

I don't know what that means

1:08:04

really, but you know, don't

1:08:06

expect to get a full

1:08:08

meal, but you can do okay.

1:08:10

It's like a county fair,

1:08:12

except it doesn't weigh that

1:08:15

much. Yeah, we will have

1:08:17

a butter sculpture of Barry

1:08:19

Goldwater, so yeah. Just an

1:08:21

homage will not be eating

1:08:23

that. Okay, before that's our

1:08:25

show. Not in a shredding

1:08:27

phase, no. Before we go,

1:08:29

a couple of announcements here.

1:08:31

Do you want to work

1:08:34

for Reason? We are hiring.

1:08:36

If you want to work

1:08:38

with us, go to reason.com/Jobs.

1:08:40

That's reason.com/Jobs. We have fellowships.

1:08:42

We have internships. We have

1:08:44

internships. We're looking for writers

1:08:46

and video producers and people

1:08:48

who are good at making

1:08:51

things happen. So go to

1:08:53

reason.com/Jobs and see if there's

1:08:55

a job that's right for

1:08:57

you. Finally. Nira Badwar, John

1:09:00

Bill's, Jeffrey Brand, Tori, and

1:09:02

Aaron Haberman, Matthew Chanel, Terrence

1:09:04

Wolf, and Roberta Yuan, Richard

1:09:06

Reynolds, thanks so much for

1:09:08

making this podcast and everything

1:09:11

we do at Reason Possible.

1:09:13

As always, if you like

1:09:15

this podcast, you can support

1:09:17

us by going to reason.com/Donate.

1:09:19

Thank you so much for

1:09:21

listening. Like Captain America, the

1:09:24

Reason Roundtable Will Return.

Rate

Join Podchaser to...

  • Rate podcasts and episodes
  • Follow podcasts and creators
  • Create podcast and episode lists
  • & much more

Episode Tags

Do you host or manage this podcast?
Claim and edit this page to your liking.
,

Unlock more with Podchaser Pro

  • Audience Insights
  • Contact Information
  • Demographics
  • Charts
  • Sponsor History
  • and More!
Pro Features