Tim O’Brien: When the Law No Longer Matters

Tim O’Brien: When the Law No Longer Matters

Released Tuesday, 15th April 2025
Good episode? Give it some love!
Tim O’Brien: When the Law No Longer Matters

Tim O’Brien: When the Law No Longer Matters

Tim O’Brien: When the Law No Longer Matters

Tim O’Brien: When the Law No Longer Matters

Tuesday, 15th April 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

0:10

Welcome to this episode of To

0:12

the Contrary podcast. I'm Charlie Six.

0:14

This is a normal Monday. President

0:16

of the United States is meeting

0:19

with the world's coolest dictator, whatever

0:21

that means. Apparently, Donald Trump has

0:23

also decided to tell the US

0:25

Supreme Court to fuck all the

0:27

way off on the issue of

0:29

dealing with the gentleman who was

0:31

a rendition to El Salvador. We'll

0:33

talk about that just a little

0:36

bit later. And joining me right

0:38

now, boy, talk about a timely

0:40

guest, Tim O'Brien, from Bloomberg

0:42

opinion. Tim, how are you? Oh

0:44

Charlie I'm Marvey you know all

0:47

is all is well with the

0:49

world there's nothing that's unpredictable there's

0:51

nothing that's disconcerting everything's lined up

0:54

and functioning it's like a well oil machine

0:56

nothing is gross I'm just looking at

0:58

a tweet here where trumps on Air

1:00

Force one basically saying you know that

1:02

the Russians didn't commit didn't I'm sorry,

1:04

Trump says the Russians didn't mean to

1:06

commit that Palm Sunday massacre. I'm told

1:08

they made a mistake, just parroting Putin's

1:10

line and then he puts out a

1:12

tweet this morning, I don't know whether

1:14

you've seen it or whatever it's called

1:16

now, that I had nothing to do

1:18

with this war all in caps, but I'm

1:20

working diligently to get the death and destruction

1:22

to stop. You know, it just does strike

1:24

me that one of the few people in

1:26

the world who really seems to get Donald

1:29

Trump is Vladimir Putin. unpopular opinion.

1:31

Everybody else is quailing and

1:33

quivering and lining up to

1:35

to bend the knee. And

1:38

Vladimir Putin knows, this guy's, he's

1:40

a scared little, you know, man child

1:42

who is easily flattered and influenced.

1:45

And so while the rest of

1:47

the world is kissing Trump's ass,

1:49

Vladimir Putin's humiliating

1:51

him. I mean, he's humiliating him.

1:53

Two days after his special envoy

1:56

meets with him and Trump bleats

1:58

out or whatever. is saying Russia's

2:00

got to get going on on

2:02

the peace deal. What does Vladimir

2:04

Putin do? He rains death on Ukraine

2:07

and Trump just has to say,

2:09

you know, thank you sir. May

2:11

I have another one? I mean,

2:13

what? Well, and he's sitting across

2:15

the table. I think this is

2:17

true in a different way of

2:19

his relationship with she in which

2:21

you know both of his opponents

2:23

are think long term they're methodical

2:25

they understand his weaknesses they understand

2:27

that he wants to move very

2:29

quickly so he can show that

2:31

in the first four months or

2:33

five months of his presidency

2:35

he was able to solve the

2:38

problems Joe Biden couldn't and that

2:40

you know he could he could

2:42

get China to fully back off

2:44

from trade abuses and that he

2:47

could get Putin to fully back

2:49

off from Ukraine and that all

2:51

of the tensions in the Middle

2:54

East would evaporate. And instead I

2:56

think you've seen an acceleration

2:58

of chaos and unpredictability and

3:01

national security issues. And in

3:03

the Putin example, Let's not

3:06

forget that moment when Zalenski

3:08

was in the Oval Office

3:11

and JD Vance and Trump

3:13

jointly bullied him in front

3:15

of an international audience, which

3:18

I'm sure wasn't lost on Putin.

3:20

And he now I think feels free

3:22

reign, you know, to rain bombs

3:24

down on two civilians in Ukraine.

3:26

And the U.S. should be deeply

3:29

embarrassed by this. It's a complete

3:31

forfeiture of our role as a

3:33

defender of democracy. You know, in

3:35

a world threatened by authoritarian

3:37

regimes, and it's so despondently

3:39

troubling. You know, Tim, a few weeks

3:41

ago, the last time we spoke, that was

3:43

at a time when all the smart people

3:46

were telling me, oh, no, Donald Trump is

3:48

just bluffing on the tariffs, he's not going

3:50

to go ahead with him. And you were

3:52

quite confident, I said, no, you think he

3:54

was going to go ahead with him, which

3:57

he did. So you were right. So let's

3:59

just talk about. this, the way that

4:01

he's handled all of this. I

4:03

mean, I'm struck by a couple

4:05

of things that I hope will

4:07

get to all of them. I

4:09

mean, the sort of unplanned unilateral

4:12

nature of these tariffs, the off

4:14

again, on again, I'm going to

4:16

impose them, I'm going to suspend

4:18

them, I'm going to provide exemptions

4:20

for my buddies. Just give me

4:22

your sense of where we're at as

4:24

we begin the week on this terror.

4:26

Well, you know, first and foremost.

4:29

No one would run a large

4:31

company or a large bureaucracy or

4:33

their own family affairs this way.

4:35

And again, that's not even a

4:37

partisan or ideological issue. It's just

4:40

about like, how do you manage

4:42

a process? Well, you don't manage

4:44

it this way. You don't manage

4:46

it by changing your position willy-nilly.

4:49

You don't manage it by surprising

4:51

your allies and essentially punishing

4:53

your friends. And you don't

4:55

back it up with... erratic, nonsensical

4:57

messaging in a trade formula

4:59

that was created out of

5:02

Holcloth and was bizarre and

5:04

really wasn't a formula. It

5:06

was just an excuse and

5:09

a veneer. I think one

5:11

of the things that's happening

5:13

right now, you know, Trump

5:16

1.0, there were different things

5:18

he did that troubled or

5:20

outraged different sectors of society.

5:23

Liberals were concerned by a

5:25

conservative I think people from both

5:27

camps were concerned about a

5:30

rollback in civil rights or

5:32

are posturing overseas with dictators.

5:34

But the Wall Street and

5:36

the business community largely escaped

5:39

Trump's predations in his first term.

5:41

In fact, they got a massive

5:43

tax cut. A lot of the

5:45

regulation stuff Wall Street and the

5:47

business communities always wanted

5:49

out of Washington administrations

5:52

and Trump campaign coming

5:54

into Trump 2.0. tax cut again,

5:56

more deregulation, a rebirth

5:58

of deal-laking, and terror. And I

6:00

think the business and the financial

6:02

community thought, okay, well, we'll get

6:05

those first three. But he really

6:07

won't do tariffs, because who would

6:09

do tariffs? It's self-destructive and damaging.

6:12

You'd have to really want to

6:14

just be somewhat fanatical if you're

6:16

going to pursue something like that, because

6:18

we have a trade regime that has

6:21

costs. It can hurt working Americans

6:23

and we have to account

6:25

for that and deal with

6:27

it. But by and large

6:29

history has progressed along trade

6:31

being something that binds

6:33

nations together and creates

6:35

economic growth. And Trump

6:38

just turned around and blew

6:40

that up. And Wall Street now

6:42

and I think the business meeting

6:44

a taste of how they can be

6:46

directly harmed by his... his ignorance

6:48

his unpredictability and his poor management skills

6:50

i think right now you know he's

6:52

now you know the bond market almost

6:55

cracked last week you know the bond

6:57

market was at and and got his

6:59

attention it got his attention because

7:01

the corporate corporations issue bonds raise

7:03

money the federal government issues bonds

7:05

to raise money and when that

7:07

market starts to go south you

7:09

have knock on effects across every

7:11

sector of the economy and society and

7:13

so finally people got in his ear

7:15

and you now have this 90 day kind

7:18

of a moratorium. He jacked

7:20

up rates, tariff rates on

7:22

China, he lessened the most

7:24

extreme rates on everyone else,

7:27

but it's still around 10%. And

7:29

I suspect over the next three

7:31

months there's going to be quite

7:33

a war going on to get

7:36

him to back off of these

7:38

entirely. And I think for him it will

7:40

never come down to the math, it won't

7:42

come down to the economy, it won't come

7:44

down what's good to other people. It'll come

7:46

down to his own sense of whether he'll

7:49

be seen as someone who backed down. And

7:51

someone who didn't keep his word. Well, he'll

7:53

declare victory no matter what happens, right?

7:55

I mean, he will. And they did that

7:57

last week, right? Yeah, right. While he was

7:59

blinking. he blinks and declares it,

8:01

you know, the art of the deal. Right,

8:04

we've talked about this before,

8:06

on his epitaph, on his

8:08

tombstone, we'll say, I won. You know,

8:10

we'll go to his grave with saying that,

8:12

I think. Okay, well, before we

8:14

get into some of this stuff,

8:17

I just, I am so like

8:19

the markets, completely confused about where

8:21

we're at right now. You know,

8:23

they're on again, they're off again,

8:26

there are exemptions over the exemptions

8:28

over the weekend. one of the

8:30

real men of genius of the

8:32

administration. Howard Lutnik goes on television

8:34

yesterday and says, yeah, but even

8:37

that's temporary. So I'm only confused

8:39

because it was like five minutes

8:41

ago that Howard Lutnik was telling

8:43

us that we're going to have

8:45

millions of American jobs screen these

8:47

iPhones and then like two days later, Trump

8:49

apparently says, no, no, no, we're not going

8:52

to apply it to iPhone. Where are we

8:54

at on? What's off? How can anyone in

8:56

business make any sort of a decision? given

8:59

the fact that right now the

9:01

state is Donald Trump's id.

9:03

So that's what you know

9:05

the state is his id.

9:08

Absolutely Charlie. You know he's

9:10

Mr. id and he's visiting

9:12

it on every sector of

9:14

society now. Howard Lutnik

9:17

is an interesting case

9:19

study. Donald Trump has

9:21

always had. People who

9:23

are not regarded as first-tier

9:25

financiers, you know, he's a

9:28

self-made man, Cantor played an

9:30

important role in brokering deals in

9:33

the bond market. It's what it

9:35

was built on. He is, you

9:37

know, he is not a Goldman

9:39

Sachs Investment Banker, and he's not

9:41

somebody who I think is a

9:44

policy thinker. He's a retail... broker

9:46

on Wall Street, which is a

9:48

very rough and tumble world. And

9:50

those are the people that have

9:53

historically been attracted to Trump and

9:55

who he's attracted to. People who

9:57

are unconventional and people who find...

10:00

different cracks in markets to inhabit

10:02

that other people may not want

10:04

to go into. And you know he's a

10:06

salesman, right? I mean he's basically

10:08

a salesman. Like Trump is a

10:10

policy maker. Yes, and it's why

10:12

neither one of them actually salesmaking

10:14

is a good is a good skill to

10:16

have on the campaign trail. It's not a

10:18

great skill to have when you have to

10:20

talk about why you're pursuing a policy. And

10:22

let Nick... two weeks ago I think or

10:25

less was on CNN and said mark my

10:27

word by the fourth quarter this year you

10:29

will have rapid expansion of you

10:31

know of the economy and a

10:33

booming GDP. So he's already planted

10:35

a flag for his own administration

10:37

be judged by later this year and I

10:39

have a hard time given the way believing

10:42

given the way the cards are on the

10:44

table right now that you're going to see

10:46

super strong economic growth in the US in

10:48

the fourth quarter. I hope we do. You

10:50

know, I'm an optimist, I think

10:53

a growing economy is good for

10:55

everybody, but I have a hard

10:57

time seeing how we get there.

10:59

And I have a hard time

11:01

understanding most of what Howard Luttnick

11:04

says when he goes on

11:06

television to explain the administration's policies,

11:08

because it is a mash of

11:10

promises and conjecture and conjecture. Yeah,

11:12

I mean they're completely and you'll

11:14

hear people make defenses that are,

11:16

you know, I'm sorry, you know,

11:19

A is not B, you can't

11:21

count on the revenue and then

11:23

also say that you're moving toward

11:25

a zero tariff, you can't say

11:27

it's non-negotiable, I mean, let's just

11:29

talk about these exemptions though, because

11:31

one of the things as a

11:34

free market classical liberal I've always

11:36

objected to about tariffs is, and

11:38

this this phrase by the way is Grover

11:40

Cleveland, who I think we got to

11:42

serve non consecutive non-consecutive terms. He

11:44

was very anti-tariff and he called

11:46

it the communism of Pelf, which

11:48

is basically called the communism of

11:50

Grief, the potential for corruption. And

11:52

you wrote about this last week,

11:54

where Donald Trump sits back. I

11:56

mean, as I wrote yesterday, I

11:58

said, you know, So let's just

12:00

talk about that a little bit,

12:02

but he's still sitting on the

12:04

throne, and he can dispense fear

12:07

and favor. He can say, I'm

12:09

going to exempt you, I'm not

12:11

going to do exempt you, if

12:13

I like you, I'm going to

12:15

cut you a break, if I

12:17

don't like you, I'm going to

12:19

hit you, I'm going to hit

12:21

you with his business ending attacks.

12:23

So let's just talk about that

12:25

a little bit, the way in

12:27

which Donald Trump right now. knows that

12:29

he's got the world economy, the

12:31

markets, and the future of a lot of

12:34

these businesses in his hands. And

12:36

it is unchecked power. Well, you

12:38

know, he's specifically been attracted

12:40

to the areas of the

12:42

presidency where the president can

12:44

exercise unilateral decision making and

12:46

control. He's doing it on

12:48

national security. He's doing it

12:50

on around different parts of

12:53

immigration. federal funding of

12:55

all sorts of institutions and

12:57

endeavors and of course on

12:59

tariffs and the economy. And

13:02

you know the classic argument

13:04

for a strong executive

13:06

in the United States

13:08

is that quick decision-making

13:11

gets bogged down by the

13:13

federal bureaucracy and it makes

13:15

us less competitive and strong.

13:18

If you're going to

13:20

believe in the efficacy

13:22

of independent executive decision-making,

13:25

the executive has to

13:27

be a sophisticated, generous, mature,

13:29

and rational actor, and those

13:31

aren't things you tick off

13:33

around with Donald Trump. And

13:35

if you give in the power

13:38

to basically do carve-outs on

13:40

tariffs, it opens the door,

13:42

not just to flattery, but

13:44

to bribery. And to a

13:46

real helter-skelter approach to... who gets

13:48

tariff and who gets tariffs and who

13:50

doesn't and and it does again not

13:53

a way to run an economy and

13:55

the reason the stock market has been

13:57

bouncing around like a yo-yo is you know

13:59

it In the long term, the stock

14:01

market's a measure of corporate profitability,

14:04

ultimately. In the short term, it's

14:06

a measure of emotion and competence.

14:08

And clearly what the markets have

14:11

been saying is that Trump's lost

14:13

the narrative. You know, he's opened

14:15

this Pandora's box. I don't think

14:18

he's administration thought that they'd see

14:20

a market meltdown that signified

14:22

like we might not only have a

14:24

recession, we might have a depression. And

14:26

we may not only have. prices on

14:28

goods escalating, it may be that you

14:30

can't even buy some of those goods

14:33

in the United States. Audi, it's

14:35

best-selling EV, it's not going to sell

14:37

it. It said it cannot sell it

14:39

in the US anymore because the tariffs

14:42

make it too expensive to sell. And

14:44

that's a high-end purchase. But basics like

14:46

food and clothing that people rely on,

14:49

they're going to see store shelves not

14:51

carrying some of the products, much less.

14:53

Making them more expensive. And I

14:55

don't think I don't think this

14:58

administration really braced for the kinds

15:00

of impact and criticism Well, this

15:02

is this is the question Maggie

15:04

Haberman last week said in a

15:06

different context that Donald Trump basically

15:08

doesn't care about the optics anymore

15:10

that he's all out of fucks

15:12

to give basically He's not running

15:14

for re-election I'm a little skeptical

15:16

about that because this is a

15:18

man who's built his entire life

15:20

and his entire career on optics,

15:22

right? On being a performer, I'm

15:24

putting on a show. So you

15:26

think he was taken by, is

15:28

he rattled by this? Is he, I

15:30

mean, how do you think he's processing this

15:32

right now? Other than that he wants to

15:35

be a winner rather than a loser.

15:37

Yeah, I mean, I do think the velocity

15:39

of the response took them off guard

15:41

because their own responses to that

15:44

were so... in coherent and un useful

15:46

and it just fed the flames. So

15:48

I do think they were caught up

15:50

balance. I do think that Donald Trump

15:52

in this term is a different president

15:54

than Donald Trump in the first term

15:56

in that I do think he doesn't

15:58

I think he authentically a very deep

16:00

level, doesn't care about the impact

16:03

of his actions. And I think that

16:05

Maggie is right in that regard. I

16:07

think you see him in these cabinet

16:09

meetings and in the Oval Office, he

16:12

looks world weary, he looks bored, as

16:14

long as the people around him are

16:16

bending the knee. Yeah, like, you know,

16:18

these just weird, embarrassing cabinet

16:20

meetings where they go around

16:22

the table and everyone says

16:24

you're the best president in

16:26

the history of America and the

16:29

best leader. since the dawn of

16:31

civilization. And he's like, well, of

16:33

course, yeah, yeah, but he's sort

16:35

of slumping over on his hand

16:37

and looking a little bit bored.

16:39

And I think that, you

16:41

know, we've talked about this

16:44

before, but he has always

16:46

been so insulated from the

16:48

consequences of his own actions,

16:50

from his childhood to adulthood,

16:52

businessman, the presidency, the consequences,

16:54

his own actions. And he

16:56

just doesn't care about what

16:59

happens. when you burn the house down. And

17:01

I do think that that's an added

17:03

danger here because I think in three

17:05

months from now, if Wall Street and

17:08

the business community haven't sort of

17:10

pulled him off the ledge on

17:12

where he was with tariffs, it

17:14

will be because solely because

17:16

he wants to prove that he doesn't

17:18

back down and that he was right

17:20

from the start, even when he

17:22

was wrong from the start and should

17:24

back down. And that's... You know, that's

17:27

going to come into play on national

17:29

security issues, by the way, and other arenas

17:31

in which we don't want a president

17:33

who's built that way. Well, I want to

17:36

get to China in just a moment,

17:38

but I want to go back to

17:40

a moment, and I know you commented

17:42

on this last week. It really, really,

17:44

really struck me, though. He had imposed

17:47

on Liberation Day, these massive, massive new

17:49

tariffs. Then you had the markets crash,

17:51

the markets crash. He blinks. officially before

17:53

he puts out on social media good

17:56

data by stocks and there was a

17:58

lot of speculation that

18:00

this was a, you know, you have

18:02

the President of the United States handing

18:04

out stock tips, that if there was

18:06

whispering out there that he was about

18:08

to make an announcement, people could make.

18:10

hundreds of millions of dollars, if

18:12

not billions of dollars. The fact that

18:15

he has the power to move the

18:17

markets with a single social media pose.

18:19

I mean, I think it was, you've

18:21

said something along the lines of, you

18:24

know, I mean, just a few years

18:26

ago, the notion of the president of

18:28

the United States, you know, handing out

18:31

stock tips from the Oval Office would

18:33

have been absolutely unthinkable, and

18:35

yet it's in broad daylight, the

18:37

kind of, just, you know, naked

18:39

grief and he makes these announcements

18:41

on truth social, not before the

18:44

White House announces it. I mean,

18:46

just the, talk to me about

18:48

the corruption and the potential for

18:50

corruption and the way the business

18:52

community is reacting to that. Well,

18:54

you know, it's not only about stock

18:56

tips, you know, he and his family

18:59

are invested in a crypto trading platform

19:01

and have, you know, and they buy

19:03

and sell crypto, you know, and, you

19:05

know, and, you know, Trump coins and

19:07

all this other stuff. And meanwhile,

19:10

he's pushing policies that will make

19:12

crypto an asset held by the

19:14

Treasury Department. And he's constantly feathering

19:17

his nest out in the open

19:19

now. And the problem that's presented

19:21

by all of this, whether it's

19:24

the president giving stock tips or

19:26

the president baldly investing in assets

19:28

that the federal government is putting

19:30

its good faith behind, is that

19:33

there's no one around to investigate

19:35

to investigate it. whatever we suspect

19:37

around what's on toward here, is

19:40

he also controls the

19:42

federal apparatus that investigates

19:44

financial malfeasance at the federal

19:47

level, the FBI, the SEC,

19:49

you know, and all of

19:52

the various financial regulatory agencies.

19:54

He controls them, they're populated

19:56

by people who are beholden

19:59

days. him. Right. And he

20:01

and Musk have been gutting many

20:03

of these agencies' abilities to do

20:05

their job. So this, this I

20:07

think was the key, yeah, this

20:09

is the key point here that

20:11

you're making is that he's engaging

20:14

in this corruption in broad daylight,

20:16

but you look around and go

20:18

and who's going to hold him

20:20

accountable for it? Who's going to

20:22

investigate it? And you realize that

20:24

right now, Donald Trump, we know

20:26

all this talk about rule of

20:28

law and being above the law,

20:30

Donald Trump knows that we have

20:33

spent decades building this massive infrastructure

20:35

of watching this kind of insider

20:37

trading and misconduct and self-dealing. And

20:39

he doesn't need to worry about

20:41

any of that anymore, does he?

20:43

No, not at all. And he's

20:45

also, he's also rewriting. some of

20:47

the legal architecture that governs the

20:49

definition of fraud and and whether

20:52

or not certain frauds can be

20:54

prosecuted. It is so it is

20:56

so detrimental to the rule of

20:58

law in a well-functioning financial ecosystem

21:00

to have this kind of thing

21:02

going on and and There are

21:04

a lot of times with the

21:06

federal bureaucracy overreaches. There are a

21:08

lot of times with the private

21:11

sector overreaches. The US has found

21:13

one of the reasons we get

21:15

more capital invested in this country

21:17

than any other country in the

21:19

world is that we've got an

21:21

awesome machinery for taking in investments,

21:23

finding profitable destinations for them, making

21:25

sure that people aren't getting cheated

21:27

by other people along the way,

21:30

and hopefully getting a good result

21:32

that creates a positive outcome for

21:34

everyone above. And he's... He's just

21:36

pulling the rug out from underneath

21:38

that to feather his own financial

21:40

nest. And his party is not

21:42

calling it into question. I'm sure

21:44

there aren't referrals in place of

21:47

the SEC about the nature of

21:49

some of his post to truth

21:51

social as there would normally be.

21:53

And so the American public's just

21:55

going to be left in the

21:57

dark. And I think that's only

21:59

going to encourage Trump and members

22:01

of this. to be more aggressive.

22:03

Okay, so the other tipping point

22:06

last week, it felt like, and

22:08

maybe we've already passed this tipping

22:10

point, whether you're talking about law

22:12

firms or businesses, that a lot

22:14

of them have made a... Obviously,

22:16

they've decided that it is a

22:18

rational business decision to bend the

22:20

need of Donald Trump to go

22:22

along with him because right now,

22:25

given his power, given how it

22:27

is unchecked, given how nobody's going

22:29

to protect them, that it's easier

22:31

to simply go along. I mean,

22:33

Bloomberg reported that the Retail Industry

22:35

Leaders Association, which hates the tariffs,

22:37

decided not to bring a lawsuit

22:39

over the tariffs, even though the

22:41

group's research indicated a legal case

22:44

at a good chance. of succeeding

22:46

on the merits, but they decided

22:48

not to bring it because of

22:50

the potential challenge of finding law

22:52

firms willing to bring suits over

22:54

tariffs in light of Trump's attacks.

22:56

I mean, so you have business

22:58

going, you know, why even object?

23:00

Talk to me a little bit,

23:03

you know I'm a little bit

23:05

obsessed about this, these gigantic law

23:07

firms, these billion dollar law firms,

23:09

have now created this massive 600

23:11

million dollar slush fund for pro

23:13

bono work. Now I think they're

23:15

probably telling themselves, we'll still be

23:17

able to do a lot of

23:20

good, we won't be representing the

23:22

proud boys or anything, but it's

23:24

like, have you met Donald Trump?

23:26

I mean, do you know how

23:28

this is going to play? So

23:30

talk to me about these gigantic

23:32

law firms that have made the

23:34

decision to cut these deals with

23:36

Donald Trump. I mean, speaking of

23:39

corruption, using the threat of the

23:41

cudgel of government to get yourself

23:43

a private political benefit, it's almost

23:45

the definition, but again, why are

23:47

they doing it? And the cudgel

23:49

you're using is I will gut

23:51

the finances of your law firm.

23:53

Yeah. I will, I will, I

23:55

will, I will intercede. and make

23:58

it impossible for you to do

24:00

business with your own profitable clients

24:02

in order to get you to

24:04

to kiss the ring and The

24:06

other thing we should look at

24:08

is how are they defining some

24:10

of the pro bono work that

24:12

they do for Trump? In the

24:14

case of at least one law

24:17

firm, they said that they're going

24:19

to help him figure out... how

24:21

to start a sovereign wealth fund

24:23

for the federal government, which is

24:25

another one of these proposals Trump

24:27

has put in place, that he

24:29

is likely to benefit from financially,

24:31

and again gives him financial leverage

24:33

over the investment community. So, you

24:36

know, pro bono work has never

24:38

been, I think, defined as doing

24:40

free work that helps someone further

24:42

further their financial nest after they've

24:44

threatened to cut off your own

24:46

finances. It is, it is, it

24:48

is. That is so troubling on

24:50

its own in terms of how

24:53

the kind of deal some of

24:55

them are making. But I think

24:57

the other thing you put your

24:59

finger on is who do people

25:01

go to for representation when the

25:03

people in the legal community who

25:05

are supposed to represent them won't

25:07

because they're intimidated by Washington, the

25:09

White House, and Donald Trump. And

25:12

we're in the early stages of

25:14

this now because he now knows

25:16

it works. And he knows he

25:18

can shake law firms down to

25:20

get them to basically do his

25:22

bidding. And the price is going

25:24

up, right? And the price is

25:26

going up. You know, the legal

25:28

community has had people move in

25:31

and out of public service and...

25:33

and law firms for a very

25:35

long time. Some people regard it

25:37

as a, you know, a revolving

25:39

door that's corrupt because it's both

25:41

sides stroking one another, but the

25:43

realities are also people who come

25:45

out of law firms and do

25:47

incredible public service for the country

25:50

and bring a level of sophistication

25:52

to legal advocacy that we wouldn't

25:54

have if they didn't do that

25:56

otherwise. You and I know some

25:58

of those folks and... And he's

26:00

put targets on the back of

26:02

those kinds of people's backs because

26:04

every lawyer now is going to

26:06

have to say, is this worth

26:09

it? if I'm going to be

26:11

seen as someone who's disloyal to

26:13

the federal government and therefore a

26:15

detriment to my firm's financial health.

26:17

And that's bad again for legal

26:19

advocacy and for just a healthy

26:21

legal ecosystem. Well, and the thing

26:23

that's most frustrating is that they

26:26

would have won these legal challenges.

26:28

I mean, the whole notion that

26:30

the government is going to threaten

26:32

retaliation if you sue the government

26:34

or if you... you know, represent

26:36

somebody who is a political critic

26:38

of the president. I mean, it

26:40

strikes me as ludicrous. I think

26:42

people in the legal profession, including

26:45

the judges, understand how fundamental this

26:47

is. So, and also that, you

26:49

know, the partners at Kirkland and

26:51

Alice were, by the way, how

26:53

much do partners are Kirkland dollars

26:55

make? Do they make $10 million

26:57

a year? Oh, I mean, I

26:59

think at the big firms you're

27:01

talking, you know, can, you know,

27:04

say $20 million dollars annually. And

27:06

in many cases larger, but I

27:08

think it's safe to say anywhere

27:10

from 10 to 30 million dollars

27:12

annually. So all of these, you

27:14

know, Kastrati barristers sitting around, you

27:16

know, in their in their offices,

27:18

looking at what Donald Trump is

27:20

doing to the rule of law,

27:23

looking what he is doing, you

27:25

know, his campaign of intimidation and

27:27

deciding that this is the moment

27:29

basically to get into bed with

27:31

him. I guess I'm... I'm slightly

27:33

surprised, although I think you've just

27:35

answered the question, why more lawyers

27:37

have not quit in protest, but

27:39

there's a lot of the line

27:42

for them, right? They have a

27:44

good deal. A lot of money.

27:46

And frankly, it comes down to

27:48

that. Okay, so let's just talk,

27:50

I want to stick on the

27:52

trade war. That's the soft point

27:54

he touches on so many institutions.

27:56

You know, he's going at the

27:59

universities, he gutting their funding. I

28:01

think I think there's Republicans on

28:03

the hill who look at the

28:05

amount of, you know, Trump's campaign.

28:07

but the pile of money he's

28:09

sitting on top of them, they

28:11

could get primary and get out

28:13

spent by him, that explains part

28:15

of their lack of courage in

28:18

opposing him. Like, you know, the

28:20

common threat in all of these

28:22

institutions is he's hitting people in

28:24

their wallets. And can do so

28:26

effectively. I mean, that's, it is

28:28

not, sometimes the bluff, it's not

28:30

always a bluff, and sometimes... I

28:32

think that you have both businesses

28:34

and law firms who say we

28:37

could probably win this but is

28:39

it worth the struggle? Are we

28:41

worth standing up for this particular

28:43

principle? And businesses earn the business

28:45

of business here. But let's go

28:47

back to the trade war. Clearly

28:49

you have this game of chicken

28:51

with China. And unlike other countries,

28:53

China at least right now. doesn't

28:56

look like it's going to blink.

28:58

A lot of interesting debate back

29:00

and forth saying that China has

29:02

the advantage or that there's no

29:04

way that China can win a

29:06

trade war. What do you think?

29:08

What is the peculiar specific dynamic

29:10

of a trade war with China

29:12

at this moment? This is such

29:15

a good segue from what we

29:17

just talked about because the only

29:19

way to deal with someone who's

29:21

bullying you financially or legally... is

29:23

to push back. Because ultimately they'll

29:25

keep bullying you otherwise. And we

29:27

haven't seen that in enough sectors

29:29

of U.S. society. Interestingly, this trade

29:32

war, the one country that is

29:34

built right now to be able

29:36

to push back against bullying trade

29:38

tactics is China. Really? Why? You

29:40

know... Why do you say that?

29:42

Because they export so much. They

29:44

depend on... They export so much,

29:46

but they you know, they they

29:48

brace themselves for catastrophe. I'm not

29:51

saying they won't get hurt but

29:53

They think in 1,000-year blocks. And

29:55

there was this great meme going

29:57

around on the web last week.

29:59

It was a bit of AI,

30:01

but it showed a Trump and

30:03

she's sitting next to each other.

30:05

And Trump is reading the art

30:07

of the deal, and she is

30:10

reading the art of war. And

30:12

she was literally, during the cultural

30:14

revolution, raised in the cave. And

30:16

he's taken, he has taken young

30:18

Chinese to task for being too

30:20

soft in this new era of

30:22

wealth in China. And that they

30:24

have to remember you have to

30:26

sacrifice and work hard to get

30:29

ahead, which are good American virtues.

30:31

By the way, there are so

30:33

many similarities actually between China and

30:35

the US in terms of just

30:37

the entrepreneurialism and the risk taking,

30:39

very different governments obviously, but there

30:41

are these very interesting cultural... Similarities.

30:43

And I think the Chinese, you

30:45

know, they basically dissed Trump at

30:48

the end of last week when

30:50

he jacked up, tear up Sun

30:52

China for the third time, they

30:54

said something like, this is just

30:56

silly. We are not even going

30:58

to respond to this. We're not

31:00

going to give you the dignity

31:02

of a response, because this means

31:05

nothing to us now. Yes, their

31:07

economy is going to get deeply

31:09

damaged because they rely on the

31:11

US export to China is going

31:13

to have an existential moment because

31:15

they've never built an authentic consumer

31:17

class in their own country. Because

31:19

once you create consumers, you lose

31:21

control of them. And free market

31:24

societies have people who are speaking

31:26

their own mind and exercising their

31:28

own financial preferences. And China, I

31:30

think, probably doesn't really want that

31:32

fully blown. But if they're going

31:34

to get past... this moment they're

31:36

going to have to be able

31:38

to replace export demand with domestic

31:40

consumer demand and I think you'll

31:43

see that happen. Let me interim

31:45

Trump is also scared the entire

31:47

region surrounding China, you know, Southeast

31:49

Asia as a whole, Asia as

31:51

a whole, and he's he's not

31:53

demonstrated the United States is willing

31:55

to be a friend to them.

31:57

At the top of his tariff

31:59

sit list were these tiny countries

32:02

like Cambodia and Thailand. So China

32:04

has an opening here actually to

32:06

be the global statesman. in a

32:08

time of unpredictability in the U.S.

32:10

and to say, we will do

32:12

the right thing financially, we will

32:14

forge new trading relations with you

32:16

that won't change willy-nilly, and we

32:18

will be your ally in this

32:21

time of uncertainty. So there's a

32:23

vacuum that he's treated as he

32:25

withdraws the soft power, maybe the

32:27

hard power, as he is no

32:29

longer a reliable economic partner. China

32:31

is going to step forward, can

32:33

step forward. Yeah, and the other

32:35

lesson, the Western European countries are

32:38

going to draw from this is

32:40

they now have a 30, a

32:42

90 day window to, they don't

32:44

really have to respond to Trump.

32:46

I mean, I think they'll make

32:48

gestures about liberating some of their

32:50

own terror regimes, so they are

32:52

less onerous United States. That is

32:54

not, that is a real issue.

32:57

You know, Trump is a finger

32:59

on something that. is a real

33:01

issue. He's just responding to it

33:03

in this hand-handed destructive way. And

33:05

he had a lot of momentum

33:07

on his side going into this

33:09

recent round when he backed down.

33:11

And that's what he did. Donald

33:13

Trump backed down. They saw that.

33:16

So they've now seen that when

33:18

push comes to shove, if the

33:20

financial markets are really Donald Trump

33:22

will back down. And I think

33:24

it's going to cause a lot

33:26

of them to push back countries

33:28

that may not have pushed back

33:30

in the past. And that's going

33:32

to be an interesting dynamic to

33:35

watch. Well, as a student of

33:37

history, one of the things that

33:39

scares me the most is... the

33:41

dangers of miscalculation the number of

33:43

wars that have been created because

33:45

people have miscalculated the risk the

33:47

willingness of others you think about

33:49

what the world was like in

33:52

in 1914 nobody in the world

33:54

thought that we were going to

33:56

go into a world war everybody

33:58

thought that that everybody was going

34:00

to be a rational actor and

34:02

especially with China miscalculations can be

34:04

can be economically damaging, but they

34:06

also can be deadly. Where does

34:08

Taiwan... The Cuban missile crisis? The

34:11

Cuban missile crisis. Talk about, you

34:13

know, right up until the wire,

34:15

you know, what could have happened,

34:17

what could have happened there. So,

34:19

how does Taiwan play in all

34:21

this? Because I think before this

34:23

began, it was increasingly obvious that

34:25

there was no way that Donald

34:27

Trump was going to come to

34:30

the defense of Taiwan. He was

34:32

going to let Taiwan go, but...

34:34

The dynamic seems to be changing

34:36

very rapidly. What do you think?

34:38

Do you have any thoughts on

34:40

that? Taiwan's defense minister, I was

34:42

in Asia about three weeks ago,

34:44

and one of the things that

34:46

drew a lot of attention to

34:49

the region was Taiwan's defense minister

34:51

saying on the record in an

34:53

interview that what we're learning now

34:55

is that we can't rely on

34:57

the United States to defend us

34:59

and we'll have to develop our

35:01

own defense systems. And I think

35:03

a lot of countries, including nuclear

35:05

weapons, he didn't specify nuclear weapons.

35:08

He just said, we'll have to

35:10

be responsible for our own defense.

35:12

But Poland has specifically said, yeah,

35:14

we're going to have to build

35:16

up our own nuclear stockpiles. So

35:18

the other thing that Donald Trump

35:20

has unleashed in this unspecified view

35:22

of the virtues of the US's

35:25

global security umbrella is he has

35:27

just seen it as us spending

35:29

money and not getting anything for

35:31

it and people free riding, when

35:33

in fact. It was an incredible

35:35

safety guarantee that allowed people to

35:37

form alliances with us, trade with

35:39

us, and there hasn't been a

35:41

major global war since World War

35:44

too. because of it. And he's

35:46

just, he's just defenestrating all of

35:48

that. And so I think for

35:50

countries that don't want to ally

35:52

with another major power, be it

35:54

China, there aren't many others when

35:56

you, when it's United States and

35:58

China right now for the most

36:00

part, are deciding you have to

36:03

go with, go with, go with

36:05

on their own. And that's what's

36:07

happening in Europe. The EU is

36:09

bulking up all of its defenses.

36:11

Who would have thought we'd be

36:13

in a world? in which people

36:15

were encouraging Japan and Germany to

36:17

rearm, aggressively rearm. But here we

36:19

are because of this misguided policy.

36:22

This is a global nightmare. Let's

36:24

switch subjects for a moment because,

36:26

but this all ties together. It

36:28

is the arrogance of this administration,

36:30

the respect for the rule of

36:32

law. Talk to me about what's

36:34

happening now with a case of

36:36

Kilmara Brayo Garcia. The Supreme Court

36:38

ruled nine to nothing, which is

36:41

not insignificant, that the Trump administration

36:43

had to facilitate, I'm making the

36:45

air quotes here, his return from

36:47

the El Salvador prison, the government

36:49

has admitted that he was snatched

36:51

and deported without due process, that

36:53

he wasn't the right guy. As

36:55

of Sunday night, it looks like

36:58

the Trump administration is telling the

37:00

federal courts to fuck off. That

37:02

they don't think that they have

37:04

any. And again, it's, you know,

37:06

this is a binary thing. We're

37:08

going to find out. Supreme Court

37:10

rules nine-nothing. You have to help

37:12

return the guy. We're going to

37:14

find out how far Trump is

37:17

going to go and define them.

37:19

Either Mr. Garcia is returned or

37:21

he's not returned. And right now,

37:23

it looks like they're dragging their

37:25

feet. This seems as close to

37:27

a constitutional crisis as you can

37:29

get. And meanwhile, the president of

37:31

El Salvador, I think, is visiting

37:33

today in Washington. Yes, he's in

37:36

the Oval Office. So if Trump

37:38

was serious about getting this unlawfully

37:40

detained... individual back to the United

37:42

States, he simply could tell the

37:44

president that he thinks it's the

37:46

best thing to do. Just like

37:48

that. But he, by all appearances,

37:50

he hasn't done that. And his

37:52

own lawyers will gain the definition

37:55

of what is facilitating his return.

37:57

Does that mean he just gets

37:59

left, you know, out on the

38:01

streets of San Salvador? To his

38:03

own devices with no one to

38:05

look after him. And they've been

38:07

around all of the deportations that

38:09

they've done without due process, including

38:11

the alleged members of the Venezuelan

38:14

crime gang. They have found these

38:16

ways to basically buck the rule

38:18

of law and still do what

38:20

they want to do. In that

38:22

case, they said, well, by the

38:24

time we heard from the judge

38:26

that we had to turn around,

38:28

we were already gone from US

38:31

airspace. Therefore, we no longer were

38:33

bound by US laws. uh... in

38:35

you know in this case they

38:37

they are they are giving every

38:39

appearance of ignoring a supreme court

38:41

ruling and this is where we

38:43

really this is where the nine

38:45

nothing supreme court ruling right populated

38:47

by people he pushed hard to

38:50

have appointed their very rock-ribbed conservatives

38:52

and when you have a president

38:54

ignoring judges either at the local

38:56

level, the state level, or the

38:58

federal level, we are in a

39:00

place that is no longer the

39:02

United States. It's no longer governed

39:04

by law. It is an imperial

39:06

presidency that is so authoritarian that

39:09

it believes it has the power

39:11

and the mandate to ignore the

39:13

law. And that's the constitutional crisis.

39:15

Now, and by the way, for

39:17

listeners, very close listeners to this

39:19

podcast or viewers on YouTube. That

39:21

is not me snoring while you're

39:23

talking, Tim. It's my 140 pound

39:25

dog underneath the desk. Eli has

39:28

decided this is a good moment

39:30

to take a nap and he's

39:32

enjoying himself. So if you're hearing

39:34

noises, please do not think that

39:36

it's me. Okay, so Charlie, Charlie,

39:38

Charlie, Eli is all of us

39:40

because what other escape is there

39:42

right now from the chaos in

39:44

the world than to do what

39:47

our great friends the dogos do,

39:49

which is, you know what, I'm

39:51

just going to take a nap?

39:53

I am envious of him. Okay,

39:55

one last question. With Elon Musk,

39:57

we've gone this entire podcast without

39:59

talking about the world's richest man,

40:01

it sounds like he's moving out

40:04

and more and more openly criticizing

40:06

and breaking with the administration. I

40:08

mean, he's part of the administration,

40:10

but... he feels no constraint not

40:12

to criticize the terrorist not to

40:14

go after Peter Navarro and by

40:16

the way he was right about

40:18

Peter Navarro but what do you

40:20

think the the the Trump Musk

40:23

romance is going now? Well I

40:25

always thought it was a marriage

40:27

of convenience not a marriage of

40:29

true loyalty and devotion to one

40:31

another. I didn't think he'd last

40:33

very long in the Trump administration

40:35

so I was wrong about that.

40:37

I really thought the second that

40:39

he started getting you know a

40:42

time magazine cover featuring him sitting

40:44

at the resolutions at the Oval

40:46

Office. All is Steve Bannon on

40:48

the cover of time in Trump

40:50

1.0, that when that kind of

40:52

happens and other people are getting

40:54

the spotlight, they have a short

40:56

half-life in Trump world. But he

40:58

stayed on, and I think the

41:01

reason he stayed on is Trump

41:03

wanted someone to dig into the

41:05

federal bureaucracy and turn it upside

41:07

down on a daily basis, and

41:09

that he didn't have... Trump never

41:11

likes details. He never likes doing

41:13

the hard work of carrying plans

41:15

on. He likes making grand statements

41:17

and then going and having it,

41:20

you know. So he could be

41:22

kind of a heat shield. He

41:24

could be a huge shield who

41:26

was disposable if it became too

41:28

nasty. Yeah, and now they've discovered

41:30

that actually you don't you don't

41:32

affect federal spending by by canning

41:34

a huge portion of the workforce

41:37

that only accounts for about 6%

41:39

of federal spending annually that if

41:41

you're really going to take it

41:43

on you have to look at

41:45

entitlement programs Medicare Medicaid Social Security

41:47

defense spending the payment on the

41:49

debt health care for veterans those

41:51

sorts of things And Musk wasn't

41:53

taking on any of that. And

41:56

meanwhile generating bad headlines about people

41:58

not getting the services they needed.

42:00

And so I think Trump's season

42:02

is a liability. The last cabinet

42:04

meeting was very different from the

42:06

prior cabinet meeting when it was

42:08

publicized. You know, where Musk essentially

42:10

led that prior cabinet meeting, this

42:12

meeting, he was just one of

42:15

the many who said yes. Yes,

42:17

dear sir, you're an amazing president

42:19

and I love you. So I

42:21

think the clock is ticking. I

42:23

don't know when it will be.

42:25

You know, he's got a, as

42:27

a, you got a contract with

42:29

the federal government, he's not a

42:31

government employee. Those are, I think,

42:34

those tend to be four month

42:36

contracts or such. I forget the

42:38

exact timing of them, but I

42:40

think his contract runs out at

42:42

the end of next month, I

42:44

believe. So we'll have to see

42:46

that it doesn't seem like you

42:48

long for Trump World World. Well,

42:50

you know, there's so much else

42:53

going on, but I mean, it's

42:55

kind of an extraordinary story. There's

42:57

this spending story with all of

42:59

the headlines and all the slashing

43:01

and the burning, all the chainsawing,

43:03

that in fact, you know, federal

43:05

government spending keeps going up. And

43:07

it's also rather extraordinary that the

43:10

Republicans in the United States Senator

43:12

passing a budget, and it looks

43:14

like, I mean, they're going to

43:16

pass a budget at some point,

43:18

which will explode the deficit. and

43:20

the national debt beyond the dreams

43:22

of, I mean, just on the

43:24

wildest dreams. And that while we're

43:26

cutting all of these programs that

43:29

Donald Trump is planning to spend,

43:31

what, $92 million on a military

43:33

parade on his birthday, but again,

43:35

the spending numbers just don't add

43:37

up in any. rational universe and

43:39

nobody seems to care. I mean

43:41

all these Republicans... When you break

43:43

them down, when you break them

43:45

down, when you break them down,

43:48

you know, the tax cut that

43:50

they're envisioning is going to add

43:52

another $5 trillion to $36 trillion

43:54

in the federal debt, they're talking

43:56

about gutting Medicaid to address some

43:58

of this, but even if they

44:00

just took Medicaid out of the

44:02

equation, I think that's around $900

44:04

billion. It still wouldn't come close

44:07

to addressing the... just the... you

44:09

know, the accounting for all of

44:11

this and it's irresponsible and they're

44:13

not being honest with the American

44:15

public about what the numbers actually

44:17

look like. Yeah, I mean, you

44:19

know, I have friends who say,

44:21

well, you know, the federal government

44:23

is bloated. I mean, it's, you

44:26

know, why not downsize the federal

44:28

government? I'm saying, fine, you know,

44:30

you know, first of all, you

44:32

would do it with a scalpel

44:34

rather than a chainsaw, And at

44:36

the end of this process, we're

44:38

going to end up deeper in

44:40

debt with bigger deficits than we

44:43

came in and, you know, try

44:45

to square that circle, but maybe

44:47

we're in this. And then some

44:49

of the things that are labeling

44:51

as bloat, you know, some of

44:53

the things that are labeling as

44:55

bloat, are our services, no one

44:57

would want to give up. No,

44:59

Americans going on to say, no,

45:02

I don't want my social security,

45:04

social security payments. No, I don't

45:06

want a strong defense. I don't

45:08

need some help with my health

45:10

care payments. Again, I agree with

45:12

you, like there are surgical ways

45:14

to make it more efficient and

45:16

less wasteful, but we haven't had

45:18

the existential conversation about what is

45:21

the real rights size of government

45:23

and what do you want to

45:25

give up to get there. And

45:27

that's not a conversation that are

45:29

having with the American public. They're

45:31

just musk and trump our performance

45:33

artists. You know, and that image

45:35

of him running around the chains

45:37

will be an image for the

45:40

ages because of that I think.

45:42

I think so. Tim O'Brien, thank

45:44

you so much. You can read

45:46

Tim's Word. Thank you, Charlie. The

45:48

Bloomberg opinion. Tim, it

45:50

is always great

45:52

to talk with

45:54

you. One of

45:56

my favorite of my

45:59

favorite back please come back.

46:01

Thank you for having. you

46:03

thank to this

46:05

episode of To

46:07

The to this podcast. of

46:09

To We do

46:11

this We now because now, than

46:13

ever, and by the way, when

46:16

I the I mean I week I mean,

46:18

this week, than ever, it's important to

46:20

remind ourselves. to remind ourselves. We are not crazy ones.

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