Episode Transcript
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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.
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