Will the Supreme Court Upend 2024?

2024-02-09 01:01:45

Pod Save America is a no-bullshit conversation about politics hosted by former Obama aides Jon Favreau, Jon Lovett, Dan Pfeiffer, and Tommy Vietor. It cuts through the noise to break down the week’s news and helps people figure out what matters and how they can help. They’re regularly joined by journalists, activists, politicians, entertainers, and world leaders. You can watch on YouTube or listen to new episodes every Tuesday, Wednesday and Friday. Ad-Free Pod Save America episodes available NOW through Friends of the Pod subscription. Head to crooked.com/friends to join today! For a transcript of an episode of Pod Save America, please email [email protected] (edited)

2Speaker 2
00:00:19.78 – 00:00:44.98

Welcome to Plot Save America. I'm Jon Favreau. I'm Dan Pfeiffer. On today's show, the Supreme Court hears arguments as to whether Donald Trump can run for president after participating in an insurrection and prepare to decide whether his criminal trial for trying to overturn the last election will take place before the next election. And the DOJ decides not to bring charges against Joe Biden for mishandling classified info, even though the special counsel in that investigation decided to take a few shots at him.

00:00:45.34 – 00:01:14.82

But first, Republican politicians have spent the week finding new ways to humiliate themselves, just to keep the criminal defendant who lost in the last few elections happy. Nikki Haley, herself no stranger to humiliation after bruising 30 point loss in Nevada to the formidable, none of these candidates, did do a great job summing up the cost of her party becoming a cult. Look at what happened yesterday. Trump loses the case on having immunity for whatever comes next. Republicans lose a fight on the border.

00:01:15.28 – 00:01:23.64

They lose a fight on Israel aid. The head of the Republican Party loses her job. Everything that Donald Trump.

1Speaker 1
00:01:24.14 – 00:01:33.48

touches. It's chaos. No notes from me. What about you? I mean, really wish she had found her voice a little bit earlier in this campaign.

00:01:33.64 – 00:01:37.34

She might have beaten none of the above. Like the chaos.

2Speaker 2
00:01:37.34 – 00:01:52.36

message. Clearly, most Republican voters don't give a shit about it. They either like Trump's chaos or they don't see it as chaos. But, you know, independents and swing voters have certainly rejected Trump and Republican chaos in 2018, 2020 and 2022.. So, and 2023..

00:01:52.82 – 00:01:53.96

Don't leave that one out in 2023.

00:01:54.42 – 00:01:56.70

. Yeah. So we'll. we'll see how that goes. All right.

00:01:56.70 – 00:02:29.44

Let's start with Congress, as Haley mentioned, where Republicans negotiated the toughest, most conservative immigration deal in decades. Then Trump ordered them to kill their own deal because he thinks chaos at the border will help him beat Joe Biden. So they killed it. They're moving ahead with a baseless and fairly useless effort to impeach Homeland Security Secretary Alejandro Mayorkas so that Trump can have a talking point on the campaign trail. But they failed at that because Republicans picked a creepy backbencher for speaker who can't count votes.

00:02:30.00 – 00:03:14.24

And now that the Senate potentially does have the votes to pass the aid for Israel, Ukraine and Taiwan that a bunch of Republicans have said that they want, they're going to even greater lengths to embarrass themselves by saying things like this. Finally, I just want to ask whether or not this new bill that's just about foreign policy, whether you're going to vote in favor of it, foreign foreign money for for Israel, for for what's happening in the Ukraine. What do you think of that standalone foreign policy bill? David, I voted no already a few minutes ago, and here's the reason why. Unfortunately, what this administration and Chuck Schumer they are doing is using the crisis in Israel to support other priorities of the party.

00:03:14.40 – 00:03:34.58

We should first secure our southern border. Oh, my God. No to the border deal, because Biden doesn't need legislation to secure the border, and no to foreign aid, because it doesn't come with border legislation. That was Tim Scott, by the way. Tim Scott gave the best speech at the 2020 convention, once seen as the party's fresh faced future.

00:03:34.88 – 00:03:38.30

And now he sounds like a zombie Trump bot stuck on repeat.

1Speaker 1
00:03:39.60 – 00:04:06.48

It is just wild that what the Senate is trying to do right now is the exact thing that Joe Biden asked them to do four and a half months ago. All they're voting on is his request for original requests for supplemental aid for Israel, Ukraine, Taiwan and a couple other things. That's it. And so we went through this whole process about negotiating a border deal, combining these guys. We're probably said they need.

00:04:06.76 – 00:04:19.34

They killed it in like 17 minutes and are back to just trying to pass a thing Joe Biden asked for. What a gigantic waste of time and tremendous incompetence from this goat rodeo of a political party that controls way too much of government.

2Speaker 2
00:04:19.60 – 00:04:24.66

And they still might not pass the national security funding bill. They might not pass the aid.

1Speaker 1
00:04:24.92 – 00:04:27.54

And even if they do, where's it going?

2Speaker 2
00:04:28.64 – 00:04:43.60

Well, that's what, yeah. What do you think happens now? So, first of all, the Senate Republicans are able to propose amendments to the foreign aid bill and they want to amend it with, wait for it, border security proposals.

00:04:45.20 – 00:04:59.20

So they want to, it's weird. They want to, if only they could pass funding for Ukraine and Israel and Taiwan, but also pair it with like tougher border security. Wouldn't it be, they should do like a deal with Democrats where they figure out, Oh yeah.

1Speaker 1
00:04:59.20 – 00:05:05.84

Maybe, like Langford and Murphy, could get in a room together and try to figure this out. Just spitball in here. Yeah. Those could be some ideas.

2Speaker 2
00:05:07.06 – 00:05:31.22

So they're going to offer amendments, but we'll say it might pass the Senate because a cloture vote passed. And so there's enough, there's now enough Senate votes to pass this thing. And Mike Johnson hasn't yet said that it's dead on arrival in the house. Like he did with the combo foreign aid border bill. But he's also has people like Marjorie Taylor Greene, who has said that she'll file a motion to vacate if he lets aid for Ukraine come up for a vote.

00:05:31.38 – 00:05:32.44

So what do?

1Speaker 1
00:05:32.44 – 00:06:14.90

you think happens here? I think it's pretty hard to imagine that Mike Johnson will be able to put a Senate passed bill that includes funding for Ukraine on the floor of the house. I think that would be, I think that I imagine Marjorie Taylor Greene is right. The sentence I don't say often, and that would be the end of his speakership. The whole reason they came up with this whole border security thing was to avoid taking that singular vote, because voting on Ukraine aid, one, is a huge problem for him with the Freedom Caucus, but two, it drives a gigantic wedge through the middle of the Republican party between your more traditional neoconservative, anti-Russia types and the America firsters and then the people who like to cuddle up to Putin.

00:06:15.08 – 00:06:40.90

And so he doesn't want to have that vote because it would be very bad for him. So that's what he's trying to avoid. So it's hard to imagine that if they don't do the place where he drew the red line on border security, that he would just take this up and pass it. I mean, the guy seems not particularly good at his job, so maybe he will stumble ass backwards into doing it. But if you took what he said seriously, which I really recognize, you should not based on the last few months of his speakership, it seems hard to imagine he would actually bring it up, given that,

2Speaker 2
00:06:41.02 – 00:07:08.08

but who the hell knows anymore. Also, as of this recording on Thursday afternoon, Donald Trump hasn't weighed in yet, but if Donald Trump tells them to all vote against foreign aid, they're going to vote against foreign aid because they have no policy preferences of their own that they won't subsume. for Donald Trump. I mean, like I'm sure some of them still have, I'm sure some Republican politicians still have policy preferences. Some of them really like tax cuts for the rich.

00:07:08.22 – 00:07:29.64

They like to deport dreamers. They like to outlaw abortion. I can't think of a single policy preference. they wouldn't sacrifice for Donald Trump. They have now put electing this man again as president ahead of policy beliefs, moral beliefs, their constituents, their careers, their reputations, their own names, in the case of Ronna McDaniel.

00:07:31.56 – 00:07:37.54

Actually, we say cults like jokingly. I don't see how the Republican Party is different than an actual cult.

1Speaker 1
00:07:38.68 – 00:07:42.58

I mean, it's a strong statement there, but it's hard to poke holes in, I'll be honest with you.

2Speaker 2
00:07:43.14 – 00:07:59.90

I mean, how many Republicans, if Donald Trump told a bunch of Republicans to put on a collar, get on all fours, and he was going to walk them around Mar-a-Lago with a leash in front of a bunch of television cameras, how many would say no?

00:08:02.02 – 00:08:03.66

Like a handful, maybe?

1Speaker 1
00:08:04.64 – 00:08:18.36

Yeah, I mean, it's basically what Ron DeSantis basically did before he ran as president. So, yeah, I think that's very... I mean, I don't think he listens to this podcast, but if he did, I imagine he will try to do that, because I imagine he would enjoy the prospect of making.

2Speaker 2
00:08:18.36 – 00:08:21.86

some of them do that. I mean, they're all pretty close to doing that now.

1Speaker 1
00:08:22.22 – 00:08:33.64

I mean, figuratively, that's exactly what they were doing. That is exactly what they were doing. Literally, who knows? I don't really want to see it, but figuratively, that is what is happening in Congress. Speaking of Republicans who've been.

2Speaker 2
00:08:33.64 – 00:08:50.28

completely neutered, Mitch McConnell. Did you ever think you'd live to see the day where Senate Republicans turn on Mitch McConnell for being too much of a squishy bipartisan dealmaker, which is apparently what a lot of his Senate Republican colleagues are doing now? They're calling for him to step down. They want new leadership.

1Speaker 1
00:08:51.28 – 00:08:55.86

I have spent probably more time than is healthy imagining Mitch McConnell's political demise.

00:08:57.62 – 00:09:13.74

In the many scenarios in which I imagine that, I did not think it'd be one where Ted Cruz would get the upper hand on Mitch McConnell, so that was a surprise to me. Look, I think this is actually a pretty significant moment, because the dominant figure of Republican politics the last 20 years is Mitch McConnell. It's not Donald Trump. It's not George W. Bush.

00:09:13.88 – 00:09:33.14

It's Mitch McConnell. because all the things that ... Donald Trump does not exist without Mitch McConnell. If you go Mitch McConnell helping change campaign finance laws going way back, Mitch McConnell stealing the Supreme Court seat to give voters permission to vote for Trump, even voters who did not like him in the 2016 election. I don't think Donald Trump wins that election on Mitch McConnell.

00:09:33.50 – 00:09:49.70

He's been this dominant figure in part because he ruled with power and strength. The way the last 48 hours or so played out is a sign that he has lost his fastball. His reign is essentially over. I would be surprised if he is the Senate leader in the

2Speaker 2
00:09:49.70 – 00:09:54.62

next Congress. He had this aura- I think that's true. no matter who wins, no matter who wins the.

1Speaker 1
00:09:54.62 – 00:10:01.50

White House or the Senate. I think he's done. That's not even just age and capacity. It is his way of governing.

00:10:03.36 – 00:10:20.66

It's actually some metaphors or lessons for Trump here is that he ruled with an iron fist for all this time. Once you've been exposed as weak, once the people get to look behind the curtain, it is over. This week, he was the one who demanded that bipartisan deal. He shepherded it. He supported it.

00:10:20.82 – 00:10:21.64

He brought it forward.

2Speaker 2
00:10:21.78 – 00:10:23.44

The staff was in the room the whole time negotiating.

1Speaker 1
00:10:24.00 – 00:10:29.78

And it blew up in his face. He misread the politics. And he voted against it. And then he missed the vote against it. He misread the politics.

00:10:29.96 – 00:10:49.06

He misread his own power. This is the end of Mitch McConnell. The Mitch McConnell era in Republican politics is over. The worst part about it is it's probably going to be replaced with something even worse than Mitch McConnell. Probably less effective in all the bad ways than Mitch McConnell, but even worse.

2Speaker 2
00:10:50.16 – 00:11:16.82

Well, and there had been some debate because Mitch McConnell was like, well, obviously he got rid of the filibuster for Supreme Court justices, but has said that he wants to uphold the filibuster for legislative issues. And there's some debate, would he really do that or not? If they got back in power, wouldn't he get rid of the filibuster to pass an abortion ban or other priorities? That debate is moot now because there will be no. Mitch McConnell and the next Republican leader in the Senate will absolutely get rid of the filibuster.

1Speaker 1
00:11:16.82 – 00:11:28.86

Do you think President Donald Trump is going to care about the history and decorum of the Senate filibuster if it's standing in the way of him passing an abortion ban or some other piece of horrendous legislation he wants? Of course not.

2Speaker 2
00:11:28.94 – 00:11:44.32

No, which is all the more reason why Donald Trump wins the presidency and Republicans win the Senate. Chances of a national abortion ban, extremely high, extremely high. And I think they've gotten higher since Dobbs happened. Oh, 100%. 100%, I agree with that.

00:11:44.32 – 00:12:13.98

We talked about how Trump and Republicans intentionally stoking chaos at the border is a huge political opening for Democrats. Biden started hitting them on that front from the White House this week. But I don't know that anything could be more politically effective than some of the soundbites we've heard from Republicans themselves. Here's ultra-conservative Senator turned rhino-cuck traitor, James Lankford, talking on the Senate floor this week. In fact, I had a popular commentator four weeks ago that I talked to.

00:12:13.98 – 00:12:32.78

that told me flat out, before they knew any of the contents of the bill, any of the content, nothing was out at that point, that told me flat out, if you try to move a bill that solves the border crisis during this presidential year, I will do whatever I can to destroy you.

00:12:34.32 – 00:12:48.62

Because I do not want you to solve this during the presidential election. Fun fact, right-wing radio host, Jesse Kelly is the person that James Lankford was talking about. You know, Jesse Kelly? Barely. Seen him on Twitter once in a while.

00:12:49.52 – 00:12:59.92

He tweeted this clip and he took credit, saying, he may be a eunuch, but I'll say this about Lankford, he's got great taste in. radio. Called him a eunuch.

00:13:02.32 – 00:13:16.26

See, he's a radio host, Jesse Kelly. Yeah, he's a radio host. I don't know where, but yeah, you learn something new every day. How hard should Biden and Democrats lean in to this argument that basically Lankford was making? Do you think it's easy enough for voters to understand?

00:13:16.26 – 00:13:25.30

as oftentimes whatever's happening in Congress is quite difficult for voters to understand? It doesn't really break through, but for something like this, can they?

1Speaker 1
00:13:25.30 – 00:13:33.44

get it to break through? They sure as hell gotta try, right? I think it was great. the president spoke out about it the other day. He should be speaking about it every day.

00:13:33.46 – 00:13:48.26

He should talk about it in the State of the Union. Everyone should do it. Because it's not just, there are two reasons for this. One is, border security is Biden's worst issue. In that NBC poll that we all hate from last weekend, he's down 35 points on who you trust more.

00:13:48.26 – 00:13:59.42

on border control and immigration. 35 points. And here we have a chance to go on offense on it. Now, I think you and I talked about this before on this podcast. The argument isn't that Trump's weak on the border.

00:13:59.84 – 00:14:22.28

It is that Trump put himself over border security, right? And that, to me, is a message that is believable. That John Trump and Republicans put their own politics ahead of what was best for the country. Because that leans, all your messages should be a sort of almost a nesting doll of your positive message and your negative message against your opponent. And that message against Republicans that they put them, that they're unwilling to work with Democrats.

00:14:22.42 – 00:14:37.62

They want to put their own political well-being ahead of the country. Fits exactly into what is the most appealing part of Biden's brand to most voters. That he is someone who is willing to work with anyone and everyone to get things done. That he is in it to help other people. And that's just the perfect contrast.

00:14:38.10 – 00:15:01.08

And so, it's not that this particular thing is going to break through and there'll be people running around talking about the demise of the Langford Murphy compromise. It's going to be that this is a data point to tell the larger story, which highlights why people, what people don't like about Republicans, what they like about Joe Biden. So, we got to run with this. It is a rare opportunity, and it's not that often you get to go on offense on your opponent's best issue,

2Speaker 2
00:15:01.22 – 00:15:20.14

which is border security. And I think that they need to expand it beyond border security. I mean, this is a message frame for all of the other issues, right? And it's an argument to make to voters who aren't happy with not only the border, but the cost of living, state of our politics, whatever. And Biden and the Democrats can say, we have solutions.

00:15:20.24 – 00:15:38.90

We've been willing to reach across the aisle to get stuff done. We have gotten some stuff done by working with some Republicans over the last several years, but most Republican politicians in this party are only in this for Donald Trump. And Donald Trump is only in this for himself. And I think you just run that play on every single issue. And you can point to a whole bunch of different examples.

00:15:39.34 – 00:15:53.28

There's also we haven't even talked about the tax bill that's moving through Congress, that's bipartisan, that would extend the child tax credit. Do we bet that that's going to get passed? I don't necessarily... I don't have a lot of hope for that, even though there's a huge difference. Well, just to speak to what Donald Trump wants.

00:15:53.82 – 00:16:06.12

Right, exactly. And do they want to give... Oh, and Chuck Grassley, Republican Senator? Chuck Grassley, already said he's against it because it would give Joe Biden a win. Well, it would also alleviate poverty for millions of children, but they don't give a shit.

00:16:06.48 – 00:16:13.32

I just think this is a really important thing, a really important message to get across. I think Biden especially has to do.

1Speaker 1
00:16:13.32 – 00:16:25.84

this in the State of the Union. The Grassley quote and some of the other ones that we've mentioned are just a real example. Have you ever seen a group of people who are more apt to confuse the script in the state's directions? You're nuts. That's the reason you're killing the bill.

00:16:25.94 – 00:16:29.20

That's not what you're supposed to say about why you're killing the bill, you fucking knuckleheads. So.

2Speaker 2
00:16:29.20 – 00:16:59.12

thank you for that. So Trump has convinced Republican politicians to basically paralyze Congress, potentially let Vladimir Putin roll through Europe. He also got Republican party leaders to essentially rig the primary process for him, which is why Nevada gave him his own caucus tonight, Thursday night, that will award him all the state's delegates. But you know what? All this was still not enough, even though RNC chair, Ronna McDaniel rigged the primary and even changed her name for Trump.

00:16:59.44 – 00:17:22.36

She reportedly stepped down after the South Carolina primary so that the boss can replace her with some stop the steel goon from North Carolina. It sure seems like Donald Trump has a stronger grip on the Republican party than he ever has, despite losing them the last three elections and facing 91 felony counts. What's up with that? Are they just giving their?

1Speaker 1
00:17:22.36 – 00:17:32.78

voters what they want? What's? Donald Trump has never been more popular with Republican voters than he is right now. That's why this is we can blame. Yes, are a bunch of these politicians,

00:17:34.74 – 00:18:02.84

weak, amoral, immoral human beings unwilling to take the slightest bit of bit of a stand for on behalf of for patriotism and history, and all that, of course. But the reason this is happening is Republican voters, particularly the ones who vote in primaries, love Donald Trump. They love him more than any other yahoos. And so you guys are having this conversation about why people are endorsing Trump when he's just going to toss you aside, like, like Ronna Romney. McDaniel, it's because you're going to lose your primary.

00:18:02.98 – 00:18:16.00

The people who don't endorse Trump, they get sent. They're done. Right. The handful of fucking morons who endorse Ron DeSantis are in a world of hurt right now because Donald Trump's going to make them pay for it. And Mitt Romney out of the party.

2Speaker 2
00:18:16.46 – 00:18:18.86

James Lankford is going to get a primary in 2028.

00:18:18.98 – 00:18:27.98

. Mike Gallagher, from Wisconsin, who was one of the few Republicans who voted against the Mayorkas impeachment. Now the party's pissed at him. They're, like, you know, sick in the base. after him.

00:18:28.06 – 00:18:31.04

He's going to probably have a primary like it's just every single person.

1Speaker 1
00:18:31.64 – 00:18:36.64

Mitt Romney, Liz Cheney, Jeff Flake. Remember these people? They all stood up. They're all out of the party.

2Speaker 2
00:18:36.64 – 00:18:37.22

Mitch McConnell now.

1Speaker 1
00:18:37.48 – 00:18:51.38

Mitch McConnell. Exactly. They're all toast. So at least, I mean, there's. the lesson here, I guess, is either you are all in and up Donald Trump's ass, or you're all out and you light yourself on fire, like Liz, like Liz Cheney did in Mitt Romney's time, right?

00:18:51.40 – 00:18:58.98

Where you at least can go down fighting for something you care about. The people who sit in the middle, like Mitch McConnell, they're the ones who end up getting completely screwed in this.

2Speaker 2
00:18:59.74 – 00:19:34.24

Yeah, I will say that it is a cycle here, the cult dynamic, because it's not just that, these Republican politicians have no choice. because the base loves Donald Trump so much. The base loves Donald Trump so much because all these Republican politicians are constantly saying how much they love Donald Trump. And so is the right-wing media. And so because these Republican politicians are so scared of saying what they really think about Donald Trump, a lot of them, then, the base is like, oh, all the people I'm listening to, all the information I get, all the media, I see, all the leaders I see on TV, all the Republicans I vote for, they all love Donald Trump.

00:19:34.46 – 00:19:36.10

So, of course, Donald Trump's awesome.

1Speaker 1
00:19:36.46 – 00:19:38.92

Can I say one thing about the Rodna firing?

2Speaker 2
00:19:39.64 – 00:19:39.90

Yeah.

1Speaker 1
00:19:40.76 – 00:19:45.04

She was pretty bad at her job. I mean, let's just be honest here, right?

2Speaker 2
00:19:45.44 – 00:19:48.00

I mean, and how hard was the job at this point?

1Speaker 1
00:19:48.00 – 00:20:03.64

Well, she's in charge of the Republican party, and the Republicans lost the 2017, 2018, 2019, 2020, 2022, and 2023 elections. So almost every single year she was in charge of the RNC, they lost seats. So, you know.

2Speaker 2
00:20:03.66 – 00:20:07.16

Yeah, well, lipstick on a pig here. She's got Donald Trump as the party leader.

1Speaker 1
00:20:07.38 – 00:20:08.70

Well, I'm just saying.

2Speaker 2
00:20:08.70 – 00:20:14.04

That's the irony. The guy that fired her is the reason the Republican party has been doing so poorly.

1Speaker 1
00:20:14.04 – 00:20:31.84

That may be. I'm not saying that she is the main reason they kept losing, but her record is not one you can really take to the bank either. I mean, she's a terrible human being. That seems pretty clear. A person completely incapable of shame or self-awareness, but also pretty piss, poor record as RNC chair.

00:20:32.12 – 00:20:32.12

So.

2Speaker 2
00:20:32.88 – 00:20:37.16

I think she'll go back to Ronna Romney. McDaniel. I think she'll put the Romney back in now that when she's gone.

1Speaker 1
00:20:37.50 – 00:20:41.80

I hope she, if she shows up at a Romney family reunion, Mitch just slams the door in her face.

2Speaker 2
00:20:41.80 – 00:20:46.40

I guess he said nice things about her. He said nothing, nothing but love for my cousin.

1Speaker 1
00:20:46.64 – 00:20:48.00

Oh, come on.

2Speaker 2
00:20:48.54 – 00:20:49.50

Too nice, man.

1Speaker 1
00:20:49.64 – 00:20:50.90

Blood thicker than water, I guess.

2Speaker 2
00:20:51.10 – 00:21:17.54

So let's talk about one of the last institutional bulwarks against a second Trump term. The judicial system. On Thursday, the Supreme Court heard oral arguments in the case that will decide whether Trump could be kicked off the ballot in Colorado. Certainly sounded like they will rule in his favor. The conservative and liberal justices were skeptical of Colorado's case, with most of them making some version of the argument that a single state shouldn't be able to decide who the rest of the country can vote for.

00:21:18.16 – 00:21:42.88

Notably, they didn't say much about Colorado's finding that Trump did in fact participate in an insurrection. They seem to want to stay away from that. So to be continued there. So our usual disclaimer here, we will save the legal analysis for our friends at strict scrutiny. You should absolutely listen to the great conversation on Wednesday's pod about this case between Kate Shaw and Lovett, who he actually has his LSAT score.

1Speaker 1
00:21:43.92 – 00:21:49.44

tattooed across his back. Did you know that? I'm not surprised to know that. No. And also,

2Speaker 2
00:21:49.52 – 00:22:06.68

you should check out. strict scrutiny dropped two bonus pods this week, one on the 14th Amendment case and one on the Trump immunity case. So check those out. But, Dan, for us political hacks, do you think there will be political implications from what seems like it'll be a win for Trump here?

1Speaker 1
00:22:07.26 – 00:22:11.94

I don't think so. While I don't feel as strongly about this as John Lovett, I've always had some.

00:22:14.32 – 00:22:36.46

political anxiety about how this was going to play out, in part because I always assumed the Supreme Court would just put Donald Trump back on the ballot. And so we're having this conversation that gives Donald Trump the opportunity to argue. the system is being weaponized against him. The Democrats are the ones who are anti-democratic. Democrats are the ones who are interfering in the election, which is all bad faith, bullshit.

00:22:37.20 – 00:22:59.82

But it feels like this is going to be dispensed with pretty quickly. And I guess maybe Trump will try to use this as a way to say that he's not an insurrectionist. Yeah, he'll definitely do that. He can do that, but that is going to be so overtaken by what happens in the January 6 trial that I know we'll get to. So yes, he could say that for a few days.

00:22:59.90 – 00:23:18.16

I'll set some truths about it. The glorious Supreme Court says, you know, rules for Donald Trump. I did not engage in insurrection. He can say all those things. But then what will really matter is what a jury, if this trial happens on time, that a jury of 12 citizens, what they say about whether he committed insurrection or not.

00:23:18.34 – 00:23:18.78

And so.

2Speaker 2
00:23:18.78 – 00:23:40.44

there's a little ephemeral. I'll also say that even if for some reason, unlikely reason, the Supreme Court decided that Donald Trump couldn't be on the ballot in Colorado, can you imagine the political fallout from that? That he's not on the ballot in Colorado. Other states have decided that he is on the ballot. It doesn't necessarily even line up with the political leanings of the state, right?

00:23:40.44 – 00:23:54.86

Like Illinois, said he should be on the ballot. Maine said no. And can you imagine some Republican state saying, no, he's going to be on the ballot and the Democrats say, I mean, it would have been a fucking crazy, crazy disaster, I think.

1Speaker 1
00:23:54.86 – 00:24:26.92

Yeah, that's what, that's ultimately what always gave me, like, I'm not here, I'm not one to argue with, I don't know, a Larry Tribe or a Kate Shaw about the constitutional merits of this, but what he always gave me political anxiety was, it was the worst of all worlds, was you were going, he was going to be off the ballot in one or two states that were non-competitive. And so we would not be stopping Donald Trump in insurrectionists from coming to the White House. We would just be giving Donald Trump, an insurrectionist, the opportunity to weaponize the decisions by a few states that may help him return to the White House as an insurrectionist.

2Speaker 2
00:24:38.70 – 00:25:12.60

So the court will also likely decide next week whether to weigh in on the DC Circuit Court's decision that Trump is not immune from prosecution. If they do, the speed with which they hear the case and issue a ruling could mean a summer and potentially fall campaign where Trump is tried and potentially convicted for an attempted coup, or the trial could be delayed until after the election and if Trump wins, never happen at all. High stakes, high stakes, Dan. Yeah. What do you think a campaign looks like where the Supreme Court drags its feet and the trial gets pushed?

00:25:12.60 – 00:25:26.06

And what does one look like where Trump is sitting in court being tried for election subversion in the middle of both party conventions in the summer? Weird. Seems really the whole.

1Speaker 1
00:25:26.06 – 00:26:04.10

thing seems quite weird. I mean, regardless of the timing, what I think this is going to come down to is a huge battle to shape the outcome. Because we know from the polling, this NBC poll, where Biden's down five, but he wins by two. If you ask people if they would vote for Trump if he's convicted, the exit polls would show that four in 10 New Hampshire voters and one in three Iowa voters, Republican primary voters would not vote for Trump if he were convicted or did not see he would be fit for president. All the polling shows that a conviction is very, very bad for Trump and would likely cost him the election as of today.

00:26:04.22 – 00:26:44.60

But he has every day between now and to try to undermine that outcome by raising questions about the politicization of it, just all of this stuff, about two-tier systems of justice and Joe Biden's weaponizing the government against me and all of this. And so you're in this battle and there's gonna be this tremendous asymmetry because, Donald Trump, there are two people with the biggest bully pulpits, or the biggest bullhorns in American politics are Biden and Trump. And Trump will have every single day to claim that the system is being rigged against him. It's a bunch of bullshit, that it's a liberal judge, blue city, liberal city, all of that to try to undermine the outcome. Deranged prosecutor.

2Speaker 2
00:26:45.06 – 00:26:49.38

Deranged prosecutor. Joe Biden has me on trial. He's prosecuting me as I'm running. Yeah, it's.

1Speaker 1
00:26:49.38 – 00:27:20.52

good for me. He's gonna do all of that because he's just got to move a small handful of people to think that it's been rigged against him, to not buy the verdict and not to buy a conviction as a disqualifying event. And Biden, who, to date, for following the normal protocols of normal politics, the policy of the Department of Justice, has not commented at all on these federal investigations into Trump, is going to say nothing about it? It's, I don't know how you...

2Speaker 2
00:27:20.52 – 00:27:36.26

It's hard to imagine. I don't even know how this came... And like, what does the Democratic Convention look like if every day the convention, we have speakers at night and Biden's out there speaking and the first lady, and they get Obama, whatever, and like split screen Donald Trump's?

1Speaker 1
00:27:36.26 – 00:27:51.14

in court? Like what happened to the debate? If a debate were to happen, it's just, it is... This election is unprecedented in so many ways. I mean, you have an insurrectionist running, you have the former president running to get his job back.

00:27:52.02 – 00:28:30.12

We don't have a real even base to understand what's going to happen, because the 2020 election was so unusual because of it took place in a pandemic. So it's incredibly unprecedented, but it's just like imagining how these two sides are going to interact when one side has decided to, for all totally understandable reasons, to not talk about what is the biggest issue, will be the biggest issue, the biggest news story happening every single day. But I imagine at the convention, everyone who does not work for the Biden administration can talk about it in some way, shape, or form, but the president, and I mentioned the first lady and the vice president... I mean, fucking Nikki Haley's.

2Speaker 2
00:28:30.12 – 00:28:45.58

talking about it. Yeah. So it's like, of course, Democrats should talk about it. We got, we don't, first it was just, you know, PSA guest Chris Christie. But now it's like Nikki Haley is out there talking about Trump and his trials and his immunity and the conve...

00:28:45.58 – 00:28:47.22

Like it's, of course, we.

1Speaker 1
00:28:47.22 – 00:29:18.66

have to talk about it. And what I think Democrats have to recognize in this, because if Joe Biden's not going to talk about it, other Democrats are going to have to find a way to be pushed back against. what Trump is saying, is Trump starts with an advantage here. In the polling last year, when these indictments came down, the majority of people, including a majority of independents, thought that the, that the, one of the main reasons why these indictments were happening was to stop Trump from winning the election. They believe that politics is at play here, because the people are incredibly cynical about what is happening right now.

00:29:18.68 – 00:29:51.56

They're incredibly, incredibly distrustful of government. And the voters who are going to decide this election are often the ones who are most cynical and most distrustful of politics. And so it's not simply, you know, just us all believing that this is going to be totally fine, and then a conviction in itself will stand. Trump has the ability to undermine it with enough people that he could still win when that happens. And this is the point where I should absolutely plug the latest episode of Polar Coaster, where I talked to Celinda Lake, the Democratic pollster, on this very question of how a conviction would impact the 2024 election.

00:29:51.62 – 00:30:00.68

She's got a lot of really good insight from polls and focus groups she's done about how voters are consuming the, the trials and the indictments, and.

2Speaker 2
00:30:00.68 – 00:30:34.16

how they're thinking about it. So check it out. I can't wait to listen to that one. I also think that for as much as you want to talk to voters now and do focus groups now, like, it's just really hard to predict what the media and information environment is going to be like in the middle of a trial and what it's going to feel like if a jury convicts Trump and there's headlines all across the country and the world and across and like in everyone's screen everywhere that says Donald Trump has been convicted. Or not, convicted.

00:30:34.34 – 00:31:03.48

Or not convicted, right? Yeah, or not convicted. And I do think how the trial, even before the conviction or not conviction, how the trial plays out and how people understand how the trial is playing out, how it's covered, how it's talked about, not just from Donald Trump, but from the mainstream media, by Democrats, everyone else, is going to be hugely important in how people process the information and ultimately make a decision about Trump's guilt and whether they're going to vote for him or not. I mean, just like.

1Speaker 1
00:31:03.48 – 00:31:12.56

the testimony, you know, there was this big story in the New York Times Magazine about Mark Meadows and all the cooperation he's done. What you said, if someone... Oh yeah, we even talked about that.

2Speaker 2
00:31:12.56 – 00:31:29.00

Apparently, Meadows got immunity and sat down for five hours to talk about Donald Trump, the guy who was his chief of staff with him from the end of the November election, through January 6th and after. He was right there and he just testified for five hours and got immunity.

1Speaker 1
00:31:29.42 – 00:31:53.58

It was the point of contact between the War Room that Roger Stone was in with the Proud Boys and the White House. But there are going to be these moments. Is there going to be a mistake someone makes that Trump or other people can use to suggest that the system is being rigged against them? I mean, it's been a long time, very, very long time, since you've had a trial like this. that has...

00:31:53.58 – 00:31:55.46

I mean, really, OJ, I guess, before.

00:31:55.46 – 00:31:57.24

. I was going to say, this will be bigger than OJ.

2Speaker 2
00:31:57.36 – 00:32:00.50

This will be bigger than the OJ trial. But will there be cameras? No, right?

1Speaker 1
00:32:01.30 – 00:32:16.92

I don't believe so now. Yeah, that's a huge difference. But you have Donald Trump going out every day if he's there and speaking to the press. And what is the operation to push back against that? What is Biden going to say at a rally when Trump says something, but he can't comment?

00:32:17.06 – 00:32:17.98

It's all.

00:32:17.98 – 00:32:40.38

. I mean, there are a lot of things to figure out here, but it is... I mean, this is giant. This is everything that we're talking about, about the economy and the jobs numbers and GDP and what the polling says and the border security, but all these things are very important and they're going to be in an election. Everything's important, but then you have hanging over your head the biggest, most unpredictable thing that's ever a presidential election coming at some point, hopefully, right?

00:32:40.42 – 00:32:40.94

Depending on what the Supreme.

2Speaker 2
00:32:40.94 – 00:33:08.50

Court does. Yeah. And I do... Listening to the justices today and the fact that they didn't touch or didn't really talk about the federal court in Colorado's decision that he participated in an insurrection, it does make me think they're... I find it really hard to imagine, and of course, anything is possible, but I find it really hard to imagine that the Supreme Court is going to say, you know what?

00:33:08.56 – 00:33:21.94

We're going to kick this case. We're going to make it impossible to have this case heard before the election. I just find it really tough to believe that, but who knows? They're the Supreme Court and there's a bunch of Trump appointees on it, and who knows? But it seems...

00:33:21.94 – 00:33:25.18

I don't know. I don't know. From hearing them today, I don't know.

1Speaker 1
00:33:25.66 – 00:33:41.66

I don't know either. Obviously, all the smart people seem to have that position. I will say there are moments when the fact that I'm a little older than you, or maybe significantly older than you, comes into play, and one of them is I was sitting... Bush v. Gore, right?

00:33:41.72 – 00:33:50.84

I was in Florida in a room with all the smartest lawyers that worked for Gore, and they were all saying there's that.

00:33:50.84 – 00:34:02.74

. And all the legal experts were saying that it seemed incredibly unlikely the Supreme Court would intervene and stop the count in Florida. Then the Supreme Court intervened and stopped the count in Florida. So anything... And that was a Supreme Court that was much less political than this one.

00:34:03.02 – 00:34:25.08

I'm just saying anything is possible here. If I had to bet one way or the other, I would bet the way you bet, but there's a middle ground where they just delay this thing so late that maybe the trial can't happen, right? Where they don't award... This is something they talked about in the strict scrutiny pod. that was very helpful, is maybe they don't agree with Donald Trump's argument, but they hold hearings.

00:34:25.28 – 00:34:39.08

They have a hearing and they make a decision, and it pushes the case off long enough that it becomes impossible to finish it by October. And that's probably not the outcome that John Roberts wants, but it may be the outcome that enough.

2Speaker 2
00:34:39.08 – 00:35:09.68

nagging justices want. Yeah. Although, as Kate said, to Love It on Wednesday's pod, everyone will know pretty early on in this process whether the Supreme Court is acting in a way that will push the trial past November or not, and everyone should respond accordingly, based on when they issue the stay, if they issue the stay, when they take the case, when they deny cert, not... Right. All of that stuff is going to tell us what the timeline is probably going to look like, so we will know soon enough what the plan is here.

00:35:10.26 – 00:35:43.62

All right. Speaking of just stomach-turning topics, we saved the most fun for last. It appears Trump's 2024 opponent won't be getting indicted anytime soon. The Justice Department just released the final report from Special Counsel Robert Herr, who has decided not to charge Joe Biden with any crimes related to his own mishandling of classified information. Herr did find evidence that Biden, quote, willfully retained and disclosed classified materials after his vice presidency when he was a private citizen, but that evidence, quote, does not establish Mr.

00:35:43.70 – 00:36:23.26

Biden's guilt beyond a reasonable doubt. The report went on to say that a jury would need to find that Biden willfully retained the classified info, and then they speculated that the jury would be unlikely to convict because Biden and his lawyers would likely present him as a, quote, well-meaning, elderly man with a poor memory. And it goes on to cite numerous examples of Biden having memory issues during his interview with the Special Counsel. It was basically just an in-kind donation to the Trump campaign from Robert Herr, a former Trump appointee and a former clerk for Justice Rehnquist, appointed by Trump to be U.S. attorney in Maryland.

00:36:23.66 – 00:36:44.70

Though, as Biden pointed out in his response, he spoke at the House Democratic Caucus on Thursday, the report also laid out the difference between Biden and Trump on the classified documents issue. As the Special Counsel wrote, and I quote, several material distinctions between Mr. Trump's case and Mr. Biden's are clear. And, by the way, this is a Republican counsel.

00:36:45.60 – 00:37:08.94

Most notably, after given multiple chances, he returned classified documents and avoided prosecution. Mr. Trump allegedly did the opposite. According to the indictment, he has not only refused to return documents for many months, he also obstructed justice by enlisting others to destroy evidence and then lie about it. That's the distinction.

00:37:09.42 – 00:37:24.82

That is the distinction. So this sucks. I mean, it is. It is like everyone remember what happened with James Comey in 2016 is like 50 or 60 years ago. This was, I mean, it wasn't, a press conference.

00:37:24.82 – 00:37:33.00

So I guess that part's better. But the report itself, like worse than what Comey did, because this guy went out of his way to just.

1Speaker 1
00:37:33.00 – 00:37:52.26

take shots at Joe Biden's memory. Only in our world can a report exonerating Joe Biden, saying he will not be charged with a crime that Donald Trump was charged with, and lays out in a clear detail, as President Biden just did, the differences between what Biden did and Trump did. Can that be bad news? Right? That should be good news, right?

00:37:52.30 – 00:38:04.70

He's not. he has not been indicted. He's not been charged with a crime. But the absolute partisan hackery involved in doing this the way he did it is just. I mean, it's.

00:38:04.70 – 00:38:15.88

it's honestly breathtaking. It is breathtaking the way he does. He didn't have to do any of those things that wasn't necessary for it. The part that Joe Biden read is why he, Joe Biden, wasn't charged with a crime. It's not that he has bad memory.

00:38:16.08 – 00:38:23.92

Like what did this guy think he was going to do? I was going to get up there and the jury was like, oh, I'm sure this guy forgot his classroom information. That was not going to be the defense. It is. I mean, it's really.

00:38:23.92 – 00:38:39.92

I mean, I can only imagine how pissed the White House is. It is, it's pretty stunning. But maybe not surprising. And maybe should be an argument against appointing Republican special counsel to work for Donald Trump to investigate Democratic presidents by choice, which is what Merrick Garland did. But just it's bad.

00:38:40.04 – 00:38:51.78

It is very bad. And it is and it's gonna. I think this is one of those things that is going to be. it's going to be a topic of discussion for the next period. Or there's gonna.

00:38:51.78 – 00:39:25.54

there's gonna be several new cycles about this, because it, Oh, yeah, there's always, you know, these things, there is these two moments that were Biden misspoke and said, and gave the wrong names of European leaders, which is something that I will say, having known Joe Biden a long time, he could have done 20 years ago, right? Yeah, just that is not. it's not a sign of his age. It's just when he's up on stage that happens sometimes. But when you have those two things that are like bubbling, and then you have the special counsel, do this, you can see it on Twitter, you can see it in the text messages that we've gotten from Democrats freaking out about it.

00:39:26.40 – 00:39:30.86

It's gonna. it's gonna kick off a panic cycle among Democrats, and it's gonna be really annoying.

2Speaker 2
00:39:31.82 – 00:39:46.26

Yeah, I mean, I get it. Like, look, so you know, they go through. and the characterization of Biden's memory, right? Because a lot of people in a lot of interviews with investigators say, I have no memory of that. I have no memory of that.

00:39:46.32 – 00:40:25.24

I do not recall, right? People are sending around clips, Trump did that in his interviews, a bunch of times. a bunch of other people, the Biden folks have put out, sent a letter to the special counsel where they had tried to get them to take out some of the more subjective descriptions of Biden's memory in there. Because they noted that, you know, at one point in the report, the special counsel talks about Biden's former counsel forgetting something, and describes it as his memory of these events could well have faded over the course of more than six years. So like, very, like, when other people that they interviewed for this forgot something, they just said, Oh, it could have, it was a long time, they could have forgotten nobody.

00:40:25.42 – 00:40:40.92

But with Biden, they were like, he's a senile old man. Like, it was just that blatant. And you know, they use examples of like, he would say things like 2013.. Was I still vice president then, or 2009?? Was I vice president then at one point, if he forgot, he, he couldn't remember the year that Bo died.

00:40:41.64 – 00:40:57.72

And, you know, all of this is happening. It was a five hour interview, apparently that took place the day after the October 7 attack in Israel. And so and they have this special counsel like thanking him. He's like, I know you're dealing with a lot right now. Thank you for sitting down for five hours, right?

00:40:57.84 – 00:41:17.74

So there's all these like extenuating terms, none of it's going to matter to the right or to like how this gets out in media, how this hits people, right? People are just going to see. like, you know, he's a the line, he's like a well meaning elderly man with a poor memory, like, like, that's just going to be what people remember. And so, yeah, it's, it's bad. And I like, what do you do about it?

00:41:17.78 – 00:41:49.26

If you're the White House, I think the, look, the, they have been dealing with age concerns from the very beginning. And it's not because of the media or Republicans. It's because, like anyone who sees Joe Biden speak has that concern. And I think the only way to handle it is for Joe Biden to like, go out there more and, and reassure people and talk and sit for long interviews and, and, you know, debate Donald Trump and do all the things that you have to do. Like, and if they're not confident, he can do that, then that's a bigger fucking problem.

00:41:49.38 – 00:42:13.50

But if they are confident he can do that, then he got, he's got to go do it, because, like, you can yell at the media all you want. And we can certainly yell at Robert Hurt, because he's a fucking asshole for doing that. And it was completely inappropriate, but it's happened. And people are watching Joe Biden every day. And they're seeing clips of him on Tik TOK that are another place in social media that are way worse than when you actually speak to the man or see him sit down for an interview for a long time.

00:42:13.92 – 00:42:20.44

And so I guess, I think the only way through this problem is to like, get out there more. I don't know. What do you think?

1Speaker 1
00:42:20.84 – 00:42:36.98

I, I am. the other thing that happened this week that sort of led to this was the White House's decision to not have the president do the Super Bowl interview. Yeah. Which I sort of, people were very worked up about that. As someone who staffed six Super Bowl interviews, they're always sort of weird.

00:42:37.06 – 00:43:01.36

Like they're all serious, very serious policy interviews while people are waiting, are eating wings, waiting for the Super Bowl to start. So it's always, it's always weird. And so I was sort of like, yeah, I probably would have done it, but it's not, everyone thinks it's an obvious layout, but people, no one wants to hear you talk about Gaza and Israel while they're waiting for the Super Bowl to start. Like, that's just not how people consume information, but I might call them back and just say, let's do it right now. Right.

00:43:01.74 – 00:43:44.88

And it's, yeah. And then Biden was going to have to do things like this, no matter what came in, whatever Robert Herr, or whatever the fuck his name is, says in his report, like the, the, this is not going to change the dynamic. It's just going to highlight the dynamic and just becomes a, another reason why the dynamic of people being concerned about the president's age incompetence will, has brought, has gone to the top of the news cycle again. Like in that NBC poll, and I can't remember the exact numbers, but I think there's like a 19 point swing between 2020 and now on who you believe to be more competent and effective between. Biden had a nine point advantage in, uh, maybe it's even more than I think Biden had a nine, nine point advantage in 2020 and the, in the NBC news poll right before the election, I think he's down 16 now.

00:43:45.36 – 00:44:09.12

Um, and so part of that is people don't see enough Joe Biden. And the only way to change that is for people to see more Joe Biden. And this is just, you're, there are two parts of these things, right? There's how do you stop the news cycle from happening, which is something like doing the Superbowl interview, where you just tell people, and then there's how do you just start deal with? a larger concern that is the largest impediment to Joe Biden's reelection is questions about age and capacity.

00:44:09.12 – 00:44:18.20

is to go out there and show everyone that you can do the job by engaging with people, being in debates, all of that. And so he's going to do that, no matter what, I think the urgency probably like bumped up a few.

2Speaker 2
00:44:18.20 – 00:44:35.36

weeks because of this report. And, you know, when we were in the white house, we hated the part of, you know, media coverage that was all about the president's performance, right? It was, was, was Barack Obama angry enough? Was he too aloof? Was he this?

00:44:35.50 – 00:45:05.52

And then it's, like, you know, figure skating judges, I think, is what a pluff used to call it. Uh, and they w they would judge you by your performance, but like, that is unfortunately the reality we live in. and Joe Biden's performance when he speaks, when he gives an interview, from now until November, is going to be a huge part of whether he wins the election or not. huge, because, even like we've been talking about, the economy is a challenge for him. And we've seen now over the last several weeks, economic sentiment is getting better.

00:45:05.62 – 00:45:30.10

Consumer sentiment is getting better. It's starting to show up in the polls that voters are thinking the economy is improving and it's not yet redounding to Joe Biden's benefit. And part of that is because the, the, the, the concerns about his age persist. And the only, like, the only way to, to address that is with Joe Biden himself, right? Like the, the campaign's message is good.

00:45:30.20 – 00:45:55.42

The white house's message is good. He's been at, like, I totally agree that he's been a excellent president. I have huge problems with his Gaza policy, huge problems, but like legislatively, domestically, like he's, he's, all of that stuff is firing on all cylinders, but like, I'm telling you that he's got to, he's, he's got to perform right. And he's got to, like allay these concerns and fucking Robert Herr, just put them front and.

1Speaker 1
00:45:55.42 – 00:46:17.76

center. The super bowl interview. I will say one thing about it is people generally think it's, you're going to get a hundred million viewers and you're not. Cause the interview actually happens like two hours before the super bowl. And so I think it's when the last one Obama did was like 15 million people, Trump had like 14 million when he did it, but it's still the biggest audience that he would get for, for a while, except the state of the union, which is coming up in a month, like a month from today.

00:46:18.06 – 00:46:25.46

And that now the stakes are always high in the city and they're always high in the last city before the reelected. Now they're even higher. And because that,

2Speaker 2
00:46:25.54 – 00:47:00.92

that'll be an audience of 20, 30 million people. And I will say again, this is not about the fact of whether he is competent and up for the job and, and, and mentally, all there and all that kind of shit. Like I, I, someone, uh, was tweeting a excerpt from an old Politico story about Kevin McCarthy, uh, or it said, like, on a particularly sensitive matter, McCarthy mocked Biden's age and mental acuity in public, while privately telling allies that he found the president sharp and substantive in their conversations, a contradiction, a contradiction that left a deep impression on the white house. It's like, yeah, guess what? Yeah, it's bullshit.

00:47:00.92 – 00:47:24.38

Right. And like, I, like, I saw Biden, uh, last December, and he, I said this before, like he remembered, he recognized my mother-in-law having met her four years earlier at one Katie Porter events, and he, like, recognized her in the white house and then told us stories and told my father-in-law stories about, like the Bork confirmation with a level of detail that, frankly, was alarming.

00:47:26.10 – 00:47:38.68

Not like he forgot anything. Like he knew every single thing that happened back in the seventies. So it's not like it's, it's not the fact of his, his mental acuity. It is the perception. And I realize that's frustrating, but like that it's, it's the biggest task.

00:47:38.68 – 00:47:39.66

The biggest task is to.

1Speaker 1
00:47:39.66 – 00:48:03.56

fight that perception. This is a very important point you made, which is if the things that Robert Herr claimed in his report were happening all the time, we would all hear about it, right? Cause it's not Biden's meeting with Republicans all the time. He's meeting with people who are with democratic senators. Washington has a tremendous river mill and just everyone would know if Biden was having huge mental lapses in meetings with people.

00:48:04.14 – 00:48:23.82

It was just that you would do it, because it's, it is the single biggest issue in the election, and Democrats cannot stop panicking privately to reporters. So you would be hearing about it. And the fact that you're not from Republicans or Democrats other than the Republicans, who are clearly lying, like McCarthy, is evidence that what Robert Herr is saying is not an accurate portrayal of how Joe Biden is on every, on a daily.

2Speaker 2
00:48:23.82 – 00:48:40.66

basis. I think that's really just important. Yeah, no, it is. And it's, it will, but the sense you get from him a lot of times when he speaks is not that he's not all there, but it, his performance feeds into the impression because sometimes it's low energy. Sometimes it seems like he's mumbling and swallowing his words.

00:48:40.82 – 00:48:59.82

He's obviously got spinal issues. That means he's shuffling around. So it just, it exudes old man, even though, like the words he's saying and his ability to like communicate in private with people is extremely sharp. So like, that's just something that they gotta work on. And it's ridiculous that the fucking fate of democracy depends on that, but that's.

1Speaker 1
00:48:59.82 – 00:49:11.88

where we are. This is, this is like our personal nightmare. is that somehow the thing we've decried in politics, our entire careers. Yeah. And then it comes down to optics, the things we, the thing we.

2Speaker 2
00:49:11.88 – 00:49:18.08

hate most, the fucking optics election. Great. Right. And we can all scream about optics. or, you know, do something about it.

00:49:18.10 – 00:49:24.74

So it's, it's brutal. All right. Enough of that. Uh, when we come back, we're gonna talk about the Superbowl a little bit, just to end on something light.

00:49:36.86 – 00:49:45.14

All right, we're back. And, um, I said we were going to come back and talk about the Superbowl. So naturally we had to bring on John Lovett. Boy, am I excited to talk about the Superbowl,

3Speaker 3
00:49:45.24 – 00:50:09.20

an event I absolutely knew was happening this weekend. I certainly didn't ask in our meeting about this very episode. that's on Sunday, at which point everyone's eyes turned away. And speaking of eyes, there'll be 114 million pairs of them tuning into the big game on Sunday, during which they'll gamble on approximately $23 billion in Superbowl wagers. And now it's your turn, Dan and John, it's time for the betting boys to put it all on the line.

00:50:09.34 – 00:50:18.26

Here's how it works. I'm going to give you bets. Then I will give you the odds. You have to decide whether or not you want to wager. In a game we're calling, all bets are shaken off.

00:50:18.80 – 00:50:31.04

Now here's how it's going to work. First of all, the stakes aren't cold, hard cash. They're your dignity. On Thursday, we will check in and see which of you came out ahead and which of you came out behind. The losers reward humiliation.

00:50:31.74 – 00:50:52.64

The loser will have to send out a painfully earnest tweet crafted by the team, begging Taylor Swift to endorse Joe Biden. Oh, my goodness. Boy, am I glad I'm hosting instead of playing. It's both what's written on this and what I'm feeling. But first, because our audience is a strong, quietly head to another room and listen to a podcast until the halftime show vibe, uh, we wanted to quickly answer the question, what is sports betting?

00:50:52.82 – 00:51:09.18

And here's the gist. people bet on the game, but also in other silly aspects around the game, like how long the national anthem will be, and the less likely the predicted outcome, the longer the odds. And so the more you can win. to keep this simple, each wager will be 100 crooked bucks. Each of you can make five bets.

00:51:09.56 – 00:51:20.94

You must bet five times and there will only be seven opportunities. In other words, you can skip two, but you're going to have to bet five times. Okay. Okay. You can skip a maximum.

00:51:21.04 – 00:51:33.56

Okay. I'm going to take some notes here. Then it's complicated. First up, what color will the Gatorade dumped on the winning team be? Uh, you can choose between orange, red, or blue.

00:51:33.56 – 00:51:38.70

orange. The odds are plus two, 40.. No, yellow, huh? Blue. The odds are plus four, 30.

00:51:38.70 – 00:51:40.56

red. The odds are plus four, 90..

00:51:42.26 – 00:51:50.20

I'm sorry. Could you do the odds again? Orange to 40, blue for 30, red for 90, red being the longest shot and the most delicious.

1Speaker 1
00:51:50.26 – 00:51:55.60

I'm going to take orange. Can we both take the same bets or no? Yeah, you can. Okay. If you want, you're going to take her.

00:51:55.66 – 00:51:57.90

And what are you going to wager? You have to wager. you're raging 100..

3Speaker 3
00:51:58.20 – 00:52:04.84

So you're just going to run everything. You're going for the hundred on everything. So we're not splitting our hundred off among the five bets. No, no, no, no. You have 500 five times.

00:52:05.02 – 00:52:08.92

You're going to bet. So try to simplify it. You bet five times, but then the winner is a person.

1Speaker 1
00:52:08.92 – 00:52:14.86

who makes the most money, not who wins the most bets. Right? Correct. Correct. Yes, Dan.

3Speaker 3
00:52:15.78 – 00:52:21.28

That is right. You got it. Perfect. Okay. And I didn't have to Google.

00:52:21.28 – 00:52:28.58

how do sports betting work? What is the plus, two, 40, minus one, 10 mean? I had to like, figure it all out. I didn't have to do.

1Speaker 1
00:52:28.58 – 00:52:34.26

that. All right, Dan, do you want it? on the Gatorade bet? Yeah, I will take the red. Wow.

3Speaker 3
00:52:34.26 – 00:52:39.06

Dan takes the red. Okay. What did you take? You took orange? Yep.

00:52:39.24 – 00:52:48.20

Okay. What surprise guest will Usher bring out during his halftime show? You have three options. Justin Bieber minus 200..

00:52:49.86 – 00:52:58.28

That's just so people understand. if you bet 100, you'll net 50.. Okay. Nicki Minaj plus three 10. Taylor Swift plus five, 50..

00:52:58.56 – 00:53:06.92

I actually think those are pretty that I would think you'd get better odds on that. if I was being yeah, I thought so too. That'd be wild. Wild. But that's what that's.

00:53:06.92 – 00:53:11.82

Hey, that's what the sportsbook says. And I was trying. They're trying to get people to.

1Speaker 1
00:53:11.82 – 00:53:16.02

bet that Taylor Swift money because it's free money for the sportsbooks. Yeah, that's right.

3Speaker 3
00:53:16.24 – 00:53:16.68

That's right.

00:53:18.54 – 00:53:26.72

And so what Bieber is what? Just minus 200.. You bet 100, you're gonna net what you're gonna net 50.. Sure. People, I guess, are.

00:53:26.72 – 00:53:28.96

the people would not be surprised to see Justin.

2Speaker 2
00:53:28.96 – 00:53:33.76

I'm skipping this one. Yeah, I'm skipping out. I'm skipping. I don't think. I don't think any.

1Speaker 1
00:53:33.76 – 00:53:37.08

of them are. I think I think people know Bieber's coming, which is why the odds are so poorly.

3Speaker 3
00:53:39.64 – 00:53:44.68

I insisted on this question, who will have more completions? Purdy or my homes?

00:53:47.18 – 00:54:02.16

And I don't think I mean sexual completions. I think it must be some sort of sports thing, catching and throwing and so forth. There, you know, obviously, I don't know who I like more Purdy or my homes. Anyway, what do you have to give up for my home? It's 100..

00:54:02.72 – 00:54:11.00

It's plus 110 for both. It's just who's gonna have more between the two of them. They're basically they're. they're even. Plus 110, for either.

00:54:11.26 – 00:54:15.54

I'll take my homes. I'm gonna take Purdy. Wow, there it is. There it is.

1Speaker 1
00:54:15.70 – 00:54:28.04

Love it. just as a piece of information that I think you would appreciate is that Brock Purdy was the last pick in the draft, which is which means he is known the last week of the draft is always known as Mr. Irrelevant. And so it is quite a story that Mr. Irrelevant is playing in.

3Speaker 3
00:54:28.04 – 00:54:36.92

the Super Bowl as a starting quarterback. What a mean name for somebody who gets to be. in the end, you know what, the irrelevant people are, the people that weren't picked at all. Well, usually.

1Speaker 1
00:54:36.92 – 00:54:41.56

the person who's picked last doesn't last in the NFL very long. So right, right, right, right, right.

3Speaker 3
00:54:42.38 – 00:54:53.60

Next up, will Taylor Swift win more Grammys or will the Chiefs of Kansas City score more touchdowns? So the odds for Taylor having more Grammy wins, that's minus 200.. Are we talking?

2Speaker 2
00:54:53.60 – 00:54:58.20

more total Grammy? Like she's, we already know her. Grammy wins. Right. We already know.

00:54:58.30 – 00:54:58.48

Right.

1Speaker 1
00:54:58.82 – 00:55:03.58

But how many was it? This year or this year? I must be this year. Otherwise, it's like 23.. So,

3Speaker 3
00:55:03.58 – 00:55:10.40

it would be right now. That's what I'm saying. Will Taylor have won more Grammys this year? Will the Chiefs score more touchdowns in the Super Bowl? Taylor having the edge?

00:55:10.40 – 00:55:11.28

that's minus 200.

00:55:11.60 – 00:55:16.80

. Chiefs scoring more touchdowns. That's plus 150.. Did she? Let's, let's look.

00:55:16.84 – 00:55:23.28

We can, we can look up. How many Grammys did she win? She only won two. Oh, and the Chiefs have more touchdowns.

2Speaker 2
00:55:23.28 – 00:55:28.16

as Chiefs touchdowns. Oh, I think so. Will the Chiefs have three or more touchdowns is really.

3Speaker 3
00:55:28.16 – 00:55:41.60

what it's saying. If Taylor has won more Grammys minus 200 of the Chiefs would score more touchdowns plus 150 if they have the same push. I'll let you go first, Dan, because I've been going. I'll take the Chiefs scoring more touchdowns. I'll take that, too.

00:55:41.78 – 00:55:43.56

Wow. OK. OK. OK. OK.

00:55:44.16 – 00:55:49.00

Next up, will Travis Kelsey have more catches than Taylor Swift? Grammy nominations?

00:55:50.84 – 00:55:59.94

Hmm. Over 6.5 catches. That's minus 200. under 6.5 catches, plus 135.. Wait, will they have more?

00:56:00.22 – 00:56:01.32

What is it?

2Speaker 2
00:56:02.26 – 00:56:06.00

Will Travis Kelsey have more catches? Oh, Kelsey's. OK. Got it. Got it.

00:56:06.22 – 00:56:06.40

Got it. Got it.

3Speaker 3
00:56:06.40 – 00:56:18.44

Catches. And it's six and a half is the line. Six and a half is the line over 6.5 minus 200, under 6.5 plus 135.. Wow, so he must be very good. That's a lot of times to catch it.

00:56:18.82 – 00:56:19.78

I assume six.

2Speaker 2
00:56:20.18 – 00:56:24.60

He is. He's quite good. I'll do the, I'll do the over. Dan, what do you think?

1Speaker 1
00:56:26.00 – 00:56:29.36

I will also do the over. Wow. OK. OK. OK.

00:56:30.08 – 00:56:32.52

Really? This is right now. This contest is coming down to the Gatorade color.

00:56:34.86 – 00:56:43.76

No, no, no, no, no. Purdy versus Mahomes. But the odds on it. But the odds on if it's red Gatorade. If it's red Gatorade,

3Speaker 3
00:56:43.82 – 00:56:53.26

it doesn't matter. Dan's walking away with this fucking thing. Fuck, I hope it's not red Gatorade. Both teams are red. Who will be the first person shown next to Taylor Swift during the Super Bowl?

00:56:53.88 – 00:56:55.72

Jason Kelsey plus 500.

00:56:56.10 – 00:57:05.40

. Ed Kelsey plus 900.. Scott Swift plus 700.. Cara Delevingne plus 900.. Gigi Hadid plus 1000..

00:57:06.30 – 00:57:09.22

Good. Wow. That's a that's. those are, that's. that's exciting.

00:57:09.64 – 00:57:13.98

How you see Gigi Hadid in that fucking booth. A thousand dollars. That's cool as hell.

2Speaker 2
00:57:14.54 – 00:57:23.82

What if what? It's really tough. Like, how do they do this? But what if? what if we see Taylor and Jason is next to her and cares on the other side?

3Speaker 3
00:57:24.26 – 00:57:29.10

We're very positive. I don't, I don't know. Then the vet voids. The vet void. The vet void.

00:57:29.18 – 00:57:33.44

You also can skip to the next one. You don't have to do this bet. You can skip. Can we, can we hear the?

2Speaker 2
00:57:33.44 – 00:57:36.50

next one and then come? No. Oh, OK. OK. No, that's fair.

00:57:36.62 – 00:57:38.72

OK, I'm going to skip this one. Again,

3Speaker 3
00:57:38.84 – 00:57:46.78

it's Jason. I don't want to do it. I don't want to do it. OK, finally, you both have to bet. The most important question.

00:57:47.46 – 00:58:05.04

Will Travis Kelsey propose to Taylor Swift? Yes. Plus 1000, which is crazy, which is like I think it's more likely that Taylor is seen with Gigi Hadid roughly the same odds as Taylor, and Gigi Hadid and Taylor getting proposed to. It must mean that. Yeah.

00:58:05.04 – 00:58:09.58

Anyway, the no is unfortunately minus 3000.

00:58:10.28 – 00:58:24.92

. What? Which means that if you bet your hundred, you could net three dollars. So the question is, do you want those three dollars, which I don't, which could make the difference if we crunch some numbers or you lose one hundred dollars? Well, sure.

00:58:25.42 – 00:58:31.24

But that's because it's not going to happen. No, no, no. If you bet, if you right. Well, I'm saying you're betting. That's the thing.

00:58:31.38 – 00:58:42.44

You're betting on a dream. You're betting on love. You can. you can just try to keep your hundred and maybe win three dollars, or you can push your chips forward and think Travis gets on one knee.

2Speaker 2
00:58:43.24 – 00:58:46.52

And yeah, I'm going to. I guess I should have bet on that. Should have been on the.

3Speaker 3
00:58:46.52 – 00:58:48.30

the Ed Kelce bet.

00:58:50.28 – 00:59:00.72

I feel bad for Ed Kelce in this, because it's like. I think Ed Kelce being seen next to Taylor Swift is only slightly less likely than the proposal. But why not?

1Speaker 1
00:59:01.14 – 00:59:05.10

Why not? Travis Kelce's mom. Like, why is she not on that list? Because I was going to say,

2Speaker 2
00:59:05.12 – 00:59:09.08

why is she not on that list? Why not Jason Kelce's wife? What about? what about Brittany Mahone? Yeah,

3Speaker 3
00:59:09.16 – 00:59:18.94

I don't know who any of those fucking people are. But the point is, these are the ones I think that gave you that had real exciting odds. Yeah, OK. But you know what? We can't go backwards.

00:59:19.14 – 00:59:19.36

OK,

2Speaker 2
00:59:19.42 – 00:59:23.62

I'm just going to bet. No, then you're betting my three dollars. You won't bet on them. You won't.

1Speaker 1
00:59:23.62 – 00:59:31.92

bet on Dan. I'm betting. I'm also betting no, but I would have bet if you if there had been one of the odds on. he gets out on one knee for process. She says no.

00:59:32.84 – 00:59:33.76

OK, hold on, hold on,

3Speaker 3
00:59:33.80 – 00:59:37.74

hold on. All right. You know what? Let's make this more interesting. I'm taking the odds up to two thousand.

00:59:37.74 – 00:59:42.28

two thousand that Travis will get on one knee. You'll take the whole fucking thing.

2Speaker 2
00:59:42.28 – 00:59:48.80

No, it's not. There's no way it's happening. Why? Oh, OK. She, I sure, brings her out.

00:59:48.90 – 00:59:59.08

She performs. Travis runs out onto the field from the locker room and then asked her to marry him after the performance. You want that? What do you want that?

1Speaker 1
00:59:59.48 – 01:00:03.92

What happens if someone dumps red Gatorade on Travis Kelsey after he proposes?

2Speaker 2
01:00:04.56 – 01:00:07.48

And then Robert Hur walks out on the field, indicts them all. Yeah.

3Speaker 3
01:00:07.48 – 01:00:08.24

None of it.

01:00:12.04 – 01:00:14.44

No fun for anybody. Trump, twenty twenty four.

01:00:16.38 – 01:00:20.66

All right. Well, we all, we all heard it. We all have the odds. Basically a lot riding on red.

2Speaker 2
01:00:20.66 – 01:00:26.58

Gatorade at this point. And and which in which quarterback has more completion? Yeah. That.

3Speaker 3
01:00:26.58 – 01:00:41.06

and that's what this was always the thing that was most important to me, this Purdy fellow versus Mahomes. And, you know, we'll. we'll run the numbers, punch the numbers and we'll see what happened. And we'll see who has to beseech Taylor on social media. Can't wait.

01:00:41.66 – 01:00:42.10

Thanks,

2Speaker 2
01:00:42.16 – 01:00:44.18

everyone. Bye, everyone. We'll talk to you on Tuesday.

01:00:45.72 – 01:01:10.84

If you want to get ad free episodes, exclusive content and more, consider joining our friends of the pod subscription community at Crooked dot com slash friends. And if you're already doom scrolling, don't forget to follow us at Pod Save America on Instagram, Twitter and YouTube for access to full episodes, bonus content and more. Plus, if you're as opinionated as we are, consider dropping us a review. Pod Save America is a Crooked Media production. Our show is produced by Olivia Martinez and David Toledo.

01:01:11.38 – 01:01:27.44

Our associate producers are Saul Rubin and Farrah Safari. Kira Joaquim is our senior producer. Reed Sherlin is our executive producer. The show is mixed and edited by Andrew Chadwick. Jordan Cantor is our sound engineer, with audio support from Kyle Seglin and Charlotte Landis, writing support by Hallie Kiefer.

01:01:27.90 – 01:01:40.42

Madeline Herringer is our head of news and programming. Matt DeGroat is our head of production. Andy Taft is our executive assistant. Thanks to our digital team, Elijah Cohn, Haley Jones, Mia Kelman, David Toles, Kiril Pelaviv and Molly Lobel.

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