The Long Game feat. Elie Mystal - podcast episode cover

The Long Game feat. Elie Mystal

Dec 11, 20251 hr 28 min
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Episode description

On episode 109 of Native Land Pod, hosts Tiffany Cross, Angela Rye, Andrew Gillum, and Bakari Sellers discuss Jasmine Crockett’s campaign launch, and bring on one of our favorite guests: Elie Mystal. 

 

Racial profiling, birthright citizenship, executive power, and campaign finance are all up for judgement by the US Supreme Court. There’s no one better to walk us through SCOTUS’s recent and upcoming decisions than the Justice Correspondent for The Nation, Elie Mystal. 

 

Elie on Executive Power: https://www.thenation.com/article/politics/supreme-court-ftc-slaughter/

 

Congresswoman Jasmine Crockett (TX 30) is running for senate in Texas in 2026. There’s a lot of chatter out there about her announcement, that she’s a Republican plant, that she can’t win–and it’s true that it’s tough for a Dem to win a senate seat in Texas. Our hosts take a critical look at the media coverage of her announcement and speculate on a possible path to victory. 

 

We’ll get to more of your questions this week, including one about legacy media’s complicity in the Trump administration's agenda. A lot of y’all had smoke for Tiffany in the questions this week, we’ll get to those in our MiniPod. 

 

Read More about the recent SCOTUS cases– 

 

Racial Profiling: https://www.scotusblog.com/2025/09/supreme-court-allows-federal-officers-to-more-freely-make-immigration-stops-in-los-angeles/

 

Birthright Citizenship: https://www.scotusblog.com/cases/case-files/trump-v-barbara/

 

Campaign Finance: https://www.scotusblog.com/cases/case-files/national-republican-senatorial-committee-v-federal-election-commission/

 

Federal Agency Independence (Executive Power): https://www.scotusblog.com/cases/case-files/trump-v-slaughter-2/



Check out the Council of Negro Women: https://ncnw.org/



And congratulations to A’Ja Wilson for winning TIME’s Athlete of the Year! 

 

If you’d like to submit a question, check out our tutorial video: http://www.instagram.com/reel/C5j_oBXLIg0/ and send to @nativelandpod. 

 

We are 329 days away from the midterm elections. Welcome home y’all! 

 

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We want to hear from you! Send us a video @nativelandpod and we may feature you on the podcast. 

 

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Watch full episodes of Native Land Pod here on YouTube.



Native Land Pod is brought to you by Reasoned Choice Media.

 

Thank you to the Native Land Pod team: 

 

Angela Rye as host, executive producer, and cofounder of Reasoned Choice Media; Tiffany Cross as host and producer, Andrew Gillum as host and producer, Bakari Sellers as host and producer, and Lauren Hansen as executive producer; LoLo Mychael is our research producer, and Nikolas Harter is our editor and producer. Special thanks  to Chris Morrow and Lenard McKelvey, co-founders of Reasoned Choice Media. 


Theme music created by Daniel Laurent.

See omnystudio.com/listener for privacy information.

Transcript

Speaker 1

Native Lampid is a production of iHeart Radio and partnership with Reason Choice Media. Welcome home, y'all. This is episode one hundred and nine of Native Lampid, where we give you our breakdown of all things.

Speaker 2

Politics and culture.

Speaker 1

We are your hosts, Angela Rye, Tiffany Cross, Andrew Gillim and Bacari Sellers. What's going on y'all will get into today?

Speaker 3

Well, I want to get into the same thing I get into every weekends, so you know, I want to hear from the viewers, and we have a lot of questions. So that's my thing for this week. What y'all got.

Speaker 4

It's been a big week.

Speaker 5

Sorry, no, no, no no.

Speaker 4

I didn't want to interrupt, but I was a feeling well in the middle of the night and took some medicine and I took the drowsy version. So if I seem a little slower today, I just want you to bear with me. I felt like that disclosed you was necessary.

Speaker 1

Well I'm glad because I was hoping you weren't drinking on the clock, So I'm glad to know it's Benadrill instead or mused X or whatever else they got. Andrew, we hope you feel better. I know you don't, but that's why I was so concerned, because I thought somebody had put something, you know, in your in your in your hot tea, gave you a hot toddy instead. You didn't even ask for. Well, here's the thing. It has not been a big day for Andrew. It's actually a slow day, not by design, but it is a It's

been a big week for women. So I want to talk about too, in particular, shout out to Asia Wilson, who is the Time Athlete of the Year.

Speaker 2

Hopefully we talk about that just a little bit.

Speaker 1

And also Jasmine Crockett is finally announced that she's going to run for uh senden seed in Texas, going against incumbent John Corner, So I definitely want to talk about that with us.

Speaker 2

Y'all think you God damn did y'all not?

Speaker 3

Like I'm waiting to hear from Bacari and the camera like this frozen again.

Speaker 5

I don't know.

Speaker 2

Talking what do you want to talk about?

Speaker 5

We're gonna talk about the WI FI in Columbia, South Carolina. How about we talked about that? Apparently it is the issue is the issue de jure of the day. I don't know I mean, there's there's so much, there's so much to talk about. I actually appreciated uh Angel's topic about Asia Wilson coming from South Carolina. So I'm a chiment on that with y'all because I think that she deserves a lot of props for the weight that she carries for black women, the w NBA, and a lot of many a lot of others.

Speaker 4

Beca, didn't you also suggest we talk a little bit about the consequences of of elections and elections out this is the Detroit story.

Speaker 2

I thought he was saving that for next week.

Speaker 6

A g.

Speaker 5

Well head you got.

Speaker 1

I cannot handle this delayed ass pace today. Okay, so here's the next thing. Y'all blame my add but I'm just gonna say this. The other thing that is very exciting. This is something where even Andrew in his slow state is going.

Speaker 2

To get excited about. I just know it. Ellie missed out.

Speaker 1

Our resident Supreme Court Exford is also joining us today. We have so much to talk about with the Supreme Court. They cutting up y'all. You ared of citizens United, They trying to make it even worse. They're also going to consider birthright citizenship. We're gonna get into all of that and more with Ellie today. We're gonna get right into the show.

Speaker 5

Let's go, y'all, how about this new one. They have their new star, Crockett.

Speaker 4

How about her? She's a new star of the Democrat Party, Jasmine Crockett. They're in big trouble, but you have this woman Crockett. She's a very low IQ person.

Speaker 5

I watched her speak to the other day. She's definitely a low IQ person.

Speaker 4

Crockett. Oh man, oh man.

Speaker 5

She's a very low IQ person.

Speaker 4

Somebody said the other day she's one of the leaders of the party. I think you gotta be kidding.

Speaker 5

Now, they're going to rely on Crockett's gonna bring the bed.

Speaker 1

So everyone, as we know, Jasmine Crockett announced her run for the United States Senate. This week, Colin Aureed, who is a former member of the House of Representatives, announced that he will run for what is now her seat, and he's dropping out of the Senate race. I want to know what you all think about the announcement video in what you think about Jazzin's run for the United States Senate.

Speaker 4

I think first I would just acknowledge up front that the hit pieces that will undermine her math, that will undermine her politics. To try to drive this to a radical left versus moderate versus you know, centric centrist, you know democrat. That stuff is going to happen. We should just gear it up for it. And it's not unusual that that's where people start, because what they have to

do is penetrate, pierce, and then destroy your viability. Her opponents will want to make her look unviable, and unfortunately a lot of that you know, sort of bag mention is gonna come the Democratic side. They'll be on shows today and throughout. Given all the reasons why this is a full hearted run, but I want to applaud her.

I think it is a brave and courageous run, and I think she can do as well, if not better, hopefully much better than some of the more recent candidates who got close, either going after a cruise or corning.

Speaker 5

You know. I got to echo Andrew sentiment here here, just because I don't think people get enough credit or give enough credit for individuals who give themselves to run for office, particularly statewide in the South. I like to say that you know, in twenty fourteen, you know, you help chip away at that glass. You have people like Andrew Gillim and Stacy Abrams who helped chip away at

that glass after some of us are in. And you know, I just think that it takes so much courage because you you know, what I tell folks is that you have you met anybody halfway pregnant it and that's what it is with you, and that that that not that you have in your stomach because you don't know where the barbs the next day are going, that anxiety, that angst. So I'm very, very proud of Jasmine Crockett for running.

If we want to have a conversation about her viability to win, that's another conversation, because I think that she's running uphill with a couple of mules on her back, a couple of bouters pulling her back in the other direction. And I think it's going to be very difficult for Jasmine Crockett to be the next United States Senator from the great state of Texas if anybody can do what she can. But I just don't know if anybody wearing a D on their lapel can win Texas right now

through no fault of her own. But we can get to that. I wanted to start it off though by lauding the fact that she's actually jumping out there and running, because that in itself as a testament to her strength.

Speaker 3

Yeah, you know, we should let the viewers know that. Of course, she'll have to go through the primary. The Democratic primary was hill Face Congressman tallerco. I believe it's how you say his name, a congressman from Austin, And I think what you're getting at, Bacari is we have been promised for so long that Texas is going to

turn purple and it has not yet happened. I mean, we saw this effort with Betel O'Rourke, who came really close, and it was a lot of excitement around his campaign, and I think there are a lot of competing interest in Texas, right you know. There, our brother Rollad Martin would want us to point out that Texas has numerically the highest number of eligible black voters in the state, and I don't know if that's going to be enough

to carry her across the line. I think one of the challenges those mules that you were talking about that she's carrying is the population that leans towards whiteness. So even though there's this huge Latino population. Within the Latino community, there are a lot of white presenting, white thinking Latinos who ascribe to a very conservative ideology and landscape, so it will be interesting. I definitely applaud her for jumping in the race, will certainly be watching it and covering

it extensively. I'm looking forward to fair, clear, clean, concise coverage of the race with proper context. I would love to see another black woman in the Senate representing the interests of the folks in the longhorned state, but I do think it is fair to acknowledge that it's an uphill battle. I also think this is going to be one of the Senate races that will morph into a

national race. We've seen Donald Trump laser focus on black women, particularly effective black women, and so I hope that people can get behind her because I also think Angela that there are a lot of times when we're saying, well, she can't win, and you know, well, you know it's a good effort, but we're gonna see like sometimes let's just get in there and say, hey, we plan to win. You know, when you're on that spade table and your partner looking at you like, well, no, I always say,

play to win. Play to win. Assume that you want to win as soon the universe is tilted in your favor. So I think we have to give that energy to her. But but what are your thoughts? Because I know she's a friend of the show, and you've worked on campaigns before and certainly navigated Capitol Hill.

Speaker 1

What do you think about her chances? Well, I'm going to tell you what I think. Right after this fire alarm goes off at the hotel that I'm in. But I also got to stop smoking.

Speaker 2

So again, it's a fire alarm test.

Speaker 1

You goofball. That's what you do at hotels, not what I do in hotels. Now, what I would just say quickly, hopefully y'all can't hear this. I really want to hear from the guys, in particular because there are her there. There are a lot of folks who are saying, like, why would you even try to run statewide in the South and so, Bakari, you ran for a lieutenant governor, was the Democratic nominee in South Carolina in twenty fourteen.

What would you implore jazzmin to do different? And Andrew from your gubernatorial run in twenty eighteen, what would you implore Jazmin to do differently, and what would you implore the voters to do differently? Because I think that's the major.

Speaker 5

Keeler for me, one of the things that has made me raise an eyebrow. As one of Congressman Crockett's first interviews on National TV and her rollout when she was talking about whether or not she had to go after Trump voters or other voters, and her response was, I don't necessarily need them, right, And I ascribed to the notion that elections are more about addition and multiplication than

they are subtraction and division. And I think that she's talented enough that by not limiting her electorate, she can grow. So that's one thing. The other thing is she has to create an entirely new electric That's something Barack Obama did when he ran in two thousand and eight to kind of shock the world. And creating that new elector it means that you have an entire new base of voters, which I believe she's going to do extremely well. She's

going to raise the money. I think that Texas has long been Food's goal for Democrats, and we waste a lot of money in Texas on different races that can go to other seats where you can possibly fare better. But I do think that that she's going to add a new energy, and I regardless of whether or not I think she can win, I think she will be a winner win this race is over. And I also think something about Jasmine Crockett running in this race that

people aren't necessarily giving her credit for. Right now, She's going to drag along a lot of other Democrats in Texas. She there is going to be a wave in Texas because Jasmine Crockett is running. I don't think she'll get beat like a drum per se, but I just find it to be extremely difficult. But I do think that her race still can be a success with other things

I think. I mean, I got over forty percent of the vote in South Carolina, which is a whole hell of a lot for Democrats now who don't break you know, over thirty five And I know Andrew was one megachurch away from being governor of Florida. What it was it thirty five thousand voters, So I mean, I do know, and Stacey Abrams came close the first time, so it's

not this isn't out of the realm if possible. But when we talk about these type of races, we have to understand the magnitude the difficulty and get her the benefit of knowing that she still can be a success because so many people are going to She's going to drag along with them with her.

Speaker 4

If she's able to raise the amount of money that would be typical for a contested a general election. Right if they believe if Cornyon wins on the Republican side, and Democrats are really serious about competing and therefore they resource her race, I don't see her doing any worse than the latest Democrat who has gotten the closest I think,

so I'll perform the Democratic typical performance. She gets the resources that are equal because I think her natural instincts are going to the places that she knows she needs to be. She will need to camp out between the largest Black centers in the state and the largest Latino areas, and progressive whites tend to find you they're determined a

lot of times in that way. But those two groups trying to demystify where she needs to with the Latino community around what she does and doesn't know, believes or doesn't believe what the values they share in common, and then motivating black folks because what I know about us is we're extremely sophisticated voters and we do not throw

our votes away. In that sophistication has largely come from the fact that we've always had to do the math and the figuring out the psychology of how everybody else is going to vote, how everybody else is going to perform, before we then can decide whether or not we're putting our vote behind a losing cause to make a statement or negotiating space to share power.

Speaker 3

Just I kinda follow up because I was really interested in hearing your thoughts on Angela's question about what do voters need to do differently, particularly given that they're going to be flooded with it's an uphill battle and you know, things that are going on. And also just want to let the listeners know that there's quite the primary on the other side as well. The incumbent is Senator John Cornyn,

a Trump acolyte. He's being primary by the Attorney General there Ken Paxton, another Trump acolyte, and joining the race is also Congressman Wesley Hunt. And these are all Trump sick of fans, so I'm not sure that she'll be competing for the same voters that they are. But I'm curious from you and Bacari, what do voters need to do differently?

Speaker 5

So, I mean, I think a lot of this is a little bit premature because I think the way you, the way you run this race, the way voters think about it is going to be vastly different. If it's Kim Paxton, who has the ethical baggage of it's probably worse than Donald Trump. Right, that's a that is an easier race. None of them are easy, but that's an easier race for Jasmin Crockett. I think Cornyn is a typical type of r beside his name, and he's been in politics there for a very long period of time

and people are used to pressing the button statewide. And then the other one is Wesley Hunt, who doesn't stand a chance in hell. So I think that we're going to learn a lot about Jasmine Crockett, We're going to learn a lot about this about the electorate through this Democratic primary because Tara Leko is very formidable. You know, he is a messenger that a lot of people have gravitated towards. He's the type of person who goes out

and speaks to different groups. And one of the things that Jasmine Crockett has and I think we take for granted because we live in this media bubble, but this is an opportunity for her. Like on the Internet, Jasmine Crockett probably has one hundred percent name ID, but throughout Texas, her name I D probably doesn't crack one third right. And that is the type of growth and a runway that I think that she can. I mean, because me

and Angela were talking about this the other day. People don't even know and Tiffany, we talked about it several times. People don't even know her resume. I mean, they don't know how brilliant she is. They don't know that she went to law school. They don't know where she went to law school. You know, they don't know how she had to be this much better than everybody else to

get to where she is. So she literally has an opportunity to introduce herself to voters, Tiffany, to kind of get to your question, and she has to take advantage of that moment, an opportunity to introduce herself to those voters. And also it's not voters have to train themselves. And we're still learning how to do that because very few voters have ever had the opportunity to press a button for a black person in that seat, let alone a

black woman. And so you have to go through this process of actually training the electorate too, giving them kind of a permission skip to go and do that.

Speaker 1

You know, part of what I think is so important. And well, actually, Andrew, maybe you were going to answer the voter question too, but I think that this is an important piece to add here. And I think both of you all have done this. When candidates are running, you also hear them talking about the campaign and they say, we're going to win in our campaign, right, it's a collective wi and it's a collective hour because it isn't just the candidate who is needed to pull off a victory.

It is the responsibility of the voters. The amount of reliance that you take that you have to have and people some that you only shook hands with, if at all, is humbling. And so I would love Andrew for you to talk about that we that hour and you know how that we in our has to change in this moment in time. There are some things that are shifting for example, for the first time in three decades, I believe a Democrat one my mayoral race in Miami. So

the tide is changing. Has it changed enough? And what is needed for the voters Andrew to continue that tithe change?

Speaker 4

Well, no, there's not been a permantive change. I think there's a realignment every cycle, at least of late so far as Obama race, where he was getting upwards of sixty seven percent of Miami Dade County. When you know, I come around and we're hovering at forty and fifty percent. So you had these precipitous fall and then now it's every four cycles, maybe every two cycles, every two years.

Rather for every cycle there's a there is a swing back from one to the other and another swing, and in some cases the you know, the the swing is

more extreme than we would have ever thought. I think what voters have to do, and I you know, I actually I was real honest with people when I was running in Florida that this system can't change just because you send one person there, one man, they're one governor there, and that if you send me there and you're not back up, then you're sending me alone and you're stranding me, and so we can't get the kind of change that we want to see in this state if we all

aren't in this game. That means coming up and visiting legislators and talking to your city councils and wrestling resolutions out of them in support of our legislative reforms. But it required us all to do something, and I wanted to be honest about it, because we delude our voters into thinking that one man changes one thing through one

cycle and voila. And then that thing doesn't happen, and everybody's like, but you told us that you was going to do and it doesn't happen, and then that cycle continues to repeat itself, and it turns people off of politics, and we spend a whole generation's time trying to recruit them back.

Speaker 1

Yeah, and to this point, if you asked earlier about like just my work, I would just say simple. The most important thing for voters right now is to do as Reverend Jackson said often, which is to keep hope alive. I think that we often lose sight of the way that things change. It is one vote at a time, and I think, in particular in this environment, it's hard to stay encouraged. It's hard to know that the power

is in your hands. It's hard to remember that democracy in and of itself people power, right, It is us realizing that power. And so that's the first thing that I would say to encourage, you know, Jasmine in this particular journey, which is to know like you signed up to do this because you know you're a formidable fighter.

Speaker 2

You work hard.

Speaker 1

There are people that she knows very well who have run statewide, some of them who have won black women. She should talk to them, Tis James, she should talk to Kamala Harris is not a blue state by any stretch, but there are some really key lessons that she can learn because no matter what, we know that racism is a nonpartisan problem. So she also is up against whatever happens in that primary. Folks who are already seen, they don't know that they're gonna get in, they're gonna endorse or

get involved in all of that. So I think it's important for her to hold on to that hope in this moment as well. And that's something that's got to be shared by the voters.

Speaker 3

The balloon Angela, I hope you reiterate all of that.

Speaker 2

Men who don't vote.

Speaker 1

So I won't be popping the balloon. But the people have spoken. They cannot wait for you to go to.

Speaker 2

Oh no, it's going too far.

Speaker 1

Where's r hr R falling complete?

Speaker 5

You are the executive producer who okay, okay, they fired already. I do want to clarify one thing real quick, though, because I think I said that the voters you got to train the voters, and I'm not sure people know what that means. And I think people take for granted the work that uh Stacey Abrams did in George before

she ran. She went to a sub precinct level, meaning that it's not just the precinct where you vote, but she actually went into those communities and met with those community leaders and had individuals go through and meet with those community leaders to make sure that the next election, the school board election, those individuals were trained to go to the polls to make sure that those city council races,

those individuals were trained to go to the polls. Andrew knows his state of Florida better than I, but I would guess that there was a lot of remnants of you know, Obama for America and the infrastructure that shit ain't cheap either, you're talking about tens of millions of dollars that are spent on infrastructure over a period of time. And so that's when we talk about it being uphill.

This isn't an indictment of Jasmine Crockett. This is more so an indictment of democratic infrastructure being prepared to catapulta candidacy like Jasmine Crockets and putting her into place where you have a puncher's chance to have success. And so I just wanted to be extremely clear that that those things have to be in place if you're not in a blue state like Massachusetts or New York. And then I wanted to pose a question to y'all because Angela

got me kind of fired up about it. But what y'all think about a King Jeffrey saying he won't going to endorse or stay out the race?

Speaker 1

Wait a minute, where play that clip? Where is that at?

Speaker 5

Oh? Okay, I'll drop it in the I will drop it in the chat. Let me, let me, let me do my best. Let me do my best, Nicholas, and y'all gonna hear me tat of tatter on the back of.

Speaker 1

That's and get it because I want to make sure we got to we got to fact actuals and factuals, because if he said that there's something that, yeah, we should.

Speaker 2

Definitely discuss that.

Speaker 1

So while Bakari is pulling that, we can just run that thing back. But in the meantime, we were talking about people power. So I want us to know that this show is a we also it's not just the four of us city here, it also includes our NLP fam that you are, the viewers.

Speaker 2

So at this point we're gonna run a viewer question.

Speaker 7

Let's go I Native Land Pod, Hi, Angela, Andrew and Tiffany, and welcome Baccari. My question is, can we have a mini pod in regards to legacy News media News, who controls them and how they've become complicit in what Trump is doing. As of now, you are not going to hear anybody saying anything that's going to come against what's going on. They're very.

Speaker 8

Tame.

Speaker 7

I did a little bit of research and I saw that you know who owns MSNBC, CNN, NBC. But could you guys go deeper dive into it, especially you put it, you know, on a bigger platform, because I think people really need.

Speaker 6

To know.

Speaker 7

Who owns and why the news isn't speaking up like they should be.

Speaker 4

That's really good. Yeah, that's that's a uh. This Netflix Paramount Warner Brothers situation is brought into focus for a lot of people, especially with the threats from the President about making changes at CNN and the guarantees that they say are being made being shuttled between Jerry Kushner, who is on one side of the two deals with regard to the to the to the takeover at Warner Brothers, and the number of interconnected, interwoven billionaire millionaire class in

this country who are running our government in a shadowy way, you know, guiding you know the direction in which the administration takes on certain issues, you know, impacting all of this, and much of it is happening behind the veil, not

in public. These are private calls and shuttles that are being made between Donald Trump and it closest folks to build this cabal and the Congress that would be ashamed of not, as the Court says, jealously protecting it's its responsibilities to hold this president accountable.

Speaker 3

As not everybody knows the Netflix, Warner Brothers things that do you want to break it down?

Speaker 4

Yeah, it's so so for folks who haven't heard this last week, Uh, it was heavy in the news the fact that Netflix the nation's largest I think they've got the largest customer base as it relates to these uh streaming apps. Yeah, streaming platforms had made a I think it was a seventy six billion dollar bid to take

over Warner Brothers. And it's seventy two billion and it's over one hundred year catalog of entertainment, big shows to you know, series because what they found in this streaming space is at over half the folks who are streaming are streaming old shows, not new things on television. They're going back to things that they grew up on potentially in streaming those, which I thought was very fascinating, and then I thought about my own habits and I sometimes

found myself doing that either way sort of. The Actors Guild, the arts community writ large are against this because they believe it's going to one concentrate really power on all sides of a negotiation to do just one of these companies fewer games in town, which tends to one layoff employees and drive up the costs. So for those of us who get subscriptions, you may be consolidating them, but in the total you end up paying, you end up paying more. So it sounds like a deal, but isn't

a deal at all. But the consolidation of media part we really all have to be paying attention to, because there's already too many closure relationships to take actions to then make that Cabald even smaller and thereby stronger I think Bear's consequences as well.

Speaker 3

So just so folks know, there was quite a bidding war. So it was one of brothers technically Warner Brothers Discovery, but then when they merge with this is happening, the consolidation of a lot of these companies, what is happening. David Zaslov was over Discovery. David Zaslov is, according to the reporting, is rumored to lean right and be more

of a conservative. And so as this bidding war was happening, there were a lot of eyes paying attention to see who was going to buy this company, because as you all know, Warner Brothers include CNN, HBO, and when you think about the really big franchises that people watch Game of Thrones, think about all your favorite shows on HBO. The streaming giant will then have access to that. And so after this, after Netflix has acquired Warner Brothers, a

lot of people held their breast. What does this mean for CNN? So in this deal they did not they will not acquire CNN. CNN will now be a part of its own group that I believe. You guys correct me if I'm wrong, but I believe that will still remain under the control of Zaslov. But yet, to your point, Andrew, what this means for entertainers, what this means for writers, directors? All these things remains to be seen. As we've seen,

streaming has completely changed the field. But certainly when it comes to our news outlets and who they feed into. Comcast owns, MSNBC, CNN, like I said, will remain under Warner Brothers. Fox, when you think about how incestuous that is so Fox, Wall Street Journal, HarperCollins, all of these things feed up, funnel up into the same conservative outlets. So this is I think the caller for the question. This is something that I would love to do a mini pod on.

Speaker 5

We're gonna dig deep into some stuff that is pretty interesting in the courts with the Courts with our guest Elie Mistel on the other side of the break, let us pay some bills.

Speaker 1

Well, I wanted to if we can pivot back to Jasmine Crockett. We were talking just a moment ago about Hakim. Jeffries said in a recent press conference, Nick, can we roll that clip?

Speaker 8

Well, I think I'm obviously focused on the House, not the Senate, and we're only three seats short of taking back the majority, and we are going to take the majority back in the next Congress. The Republicans have been a disaster. They're totally on the run. They failed the American people. The cost of living is out of control. Democrats are the only group of people in this town and across the country actually interested in dealing with the

affordability crisis. That's where our focus continue to be.

Speaker 5

I think that the clip didn't necessarily encapsulate the question, But the question was asked, are you going to support? I mean, are you going to endorse Jasmine Crockett? And that was his response. His response was, I'm focused on the I'm focused on the House, which of course is his job. With three seats away. He pivoted and moved on. I just think that in this in this world where

information moves fast, disinformation misinformation moves fast. He did say that she was strong and formidable in those type of things. I just wanted to know your thoughts on it, because I know that he has been drawing a lot of heat from all sides, particularly those of us who support him, are questioning some decisions, and I don't I don't, you know, I think Nancy Pelosi handles things differently. I don't. I

don't know. I just think that she handled things with a kind of, you know, a testicular fortitude that isn't necessarily displayed often or all the time by by Kim Jeffrey. So that was my that I'm not saying I'm critical it. I just wanted to hear your thoughts on the non endorsement. She's cool, though, you know.

Speaker 1

I'm just I'm not going in too deep here, but I will just say this. I think that context also matters. I hate when people clip our stuff without context, so let me just give context.

Speaker 2

People might get mad, but it is what it is.

Speaker 1

This was a press conference in the House, the typical weekly press conference they have, and the press conference was about the Republicans refusing to support I really think Andrew's fall asleep.

Speaker 2

This was about Uh, the.

Speaker 5

I just watching it.

Speaker 4

It's really hard because you're you're want to be like really intensive in your hearing, but then your body is.

Speaker 2

Like, oh my god, Andrew, go get some water. Put some water in your face.

Speaker 5

Chet about to about to do Andrew some coffee and some coked.

Speaker 2

Get like Coca co Jesus, y'all pray for our brother.

Speaker 1

Anyway, The frustration here is that this was about their many failed attempts to get Republicans to side with voters and everyday Americans on healthcare subsidies and extending the healthcare subsidies. They have until the end of the year before people's subsidies skyrocket. And so he's asked about the announcement, and that's not the purpose of this particular press conference. It's policy based, not necessarily political unless he's talking about and he's been disciplined about it.

Speaker 2

Do I like the response?

Speaker 1

No, No, I don't like the response, but I do appreciate the fact that the that the context matters. I think that it sucks because Jasmine has gone so hard for Hakim hard, and I think that he owes her not just a bit of gratitude, but also loyalty.

Speaker 2

In that same way.

Speaker 1

So I hope that he comes back around and makes that clear when the timing is right, maybe get.

Speaker 2

Enough conference.

Speaker 4

That we get enough rope that every other candidate who's white and male gets Whenever they enter a race, everyone doesn't rush to They can't raise the money, and oh are they going to be viable amongst the black constituency, which is going to be the base vote that will depend on an election day? You know, none of that level of scrutiny. But the moment you put a transcending candidate, you know in there something that's not the norm, then

it's everything's all speculative. Now this is a gamble, and so much is at stake, And do we really want to split our resources between this race and a Senate race? Why don't we just throw all of our money into one of those? I mean, just the games that are played. There's no real fealty to sessing out what's the best. Necessarily, there's this there's this negotiation we do amongst ourselves, negotiating away from ourselves. It's it's crazy Republicans don't negotiate against themselves.

They go all in.

Speaker 5

To andrew point. They push to Andrew's point that the context that I also think matters, is I compared to the Nancy Pelosi but like she is one of his caucus members, and yeah, and he ain't. Terre Leko ain't. I mean, it's not like there is a decision to be made or to be had. And I know Nancy and I may be wrong, Angela, you actually are way

more keen than in depth. But I do believe that there was times when Nancy Pelosi had caucus members run for something else and when they announced, she was I'm right there with them, you know, I'm missing I love him. She might not even like them that much, but she was always ten toes down for her caucus members. And I just think that people remember that because it's not that distant and are questioning it now. That's my only point.

Speaker 2

I guess.

Speaker 1

I mean, you could say that, but Hakeim is not the chair of the Congressional Black Caucus. He's the chair of or he is the or the Democratic leader of the House. So technically Talla, Rico, Tyreko, Tyrek and nem is in his caucus. It's the Democratic Caucus.

Speaker 2

Democratic.

Speaker 5

He's not a member of the House, oh lord, He's a member of the tech No he's a member of the Teche.

Speaker 1

Prom but generally speaking, but generally speaking, to be fair, democratic leadership normally does stay out of things in their primary stage. I am with you to be fair that I think he should have said something about Jasmine. I said that Jasmine was a writer for him. I said that Jasmine has had his back. Now here's the place where I'm a different with you on Nancy Pelosi. I've watched Nancy Pelosi pit members against each other, and we're talking about her, how she's such a writer. She wasn't

a writer for Kamala Harris. She was calling for an open premier, open convention, sorry, not an open primary, open convention.

Speaker 2

Since we messing up today.

Speaker 1

Charge that to andrews Cole means getting its way all the way to Jacksonville where I'm at. Now, Okay, that said, I did want to tell you all really quickly. We know our good friend Terrence Woodbury is working with Jasmine on this campaign, and I asked him to send us a response into this article from notice UH which talks about the NRSC, which is the Republican Senatorial Committee having an astro turf recruitment process, which would have encouraged Jasmin

Crockett to run. They said that they started to include her name in polling to see if she would bite. And they try trying to exclaim credit for this, that they wanted the least viable candidate in this race against John cornn Er, whoever wins the Republican primary, and they're trying to say that they they're the reasons why, the reason why she decided to run. So Terrence Woodbury's response,

I think is worth noting. He says, Republicans recruiting Crockett because she is less electable is as silly as Dems recruiting Trump or Republicans recruiting Obama because they are less electable, because they both have something in common with Jasmin Crockett. One the ability to expand the elector with frustrated voters that otherwise think all politicians are the same. Two the ability to gain and keep media attention long enough to make the case to those frustrated voters that are ignoring

other politicians. Any generic Democrat Democrat can get to forty five percent in Texas, Jasmine is the only one that can break through to the eight million Texas voters that have tuned other politicians out and if she can get just ten percent of them to believe in her enough to vote, she is the next Senator from Texas. I thought that was a great point from Terrence. I love the way that he broke it down in numbers only like Upholster would. Terrence would very of course from hit strategies.

And of course at this point we're gonna pivot to somebody else that is an expert among us, and that is to our good friend Ellie Missole, a Supreme Court expert, the person we always turn to when it's way too much going down with the Supreme Court. There is a lot happening, three cases in particular we want to talk to Ellie about. So let's bring Ellie Mistyle to the show.

Speaker 6

Hi, guys, thanks for having me.

Speaker 2

It's crazy.

Speaker 4

I thought the big deserved acknowledgement.

Speaker 5

That's Delhi, Thank you.

Speaker 6

I don't want to let the Democratic Minority leader slide on his non endorsement of Crockett and basically to right or or basically the last three weeks of Hakem Jeffries experience, because what that has told me, beyond a shadow of a doubt, is that Hakeem Jefferies does not want to be the leader of the opposition party to fascism and authoritarianism in this country. What he wants to be is the leader of the Democratic Party. And the analogy that I would use here is like, right now we're on

a bus. Right Trump is driving the bus, Mike Johnson is driving the bus. Hakeem Jeffries is like, hey, I'm three votes away from driving the bus. I really want to drive this bus. That is my that is my focus. Angela. You said he is very disciplined. Absolutely, I'll give them credit for that. The man knows. The man is disciplined, and what he thinks he's doing, and what he wants to do is drive the bus. He doesn't want to blow up the bus. He doesn't want to get off

the bus. He doesn't want to get us off the bus. He wants to drive the bus. And he's promising us, Oh, when I'm driving the bus will go to better places. We need to blow up the bus and takeem. Jeffries is not that guy. That's that's not shade, that is fact. He is not the guy who wants to be the leader of the opposition to fascism in this country. Cheron doesn't want it Durwan doesn't want it, the Newsom doesn't

want it, Shapiro doesn't want it. We don't have democrats right now who want to oppose fascism we want we have democrats who want to wait for their turn to be in charge of the wheels of power. They don't want to use a Game of Thrones analogy. They're just waiting for their turn on the wheel. They don't want to break it. And at some point a leader needs to emerge who is going to tell us how to break the wheel of fascism, how to break the wheel of the oligarts, because that is what the country is

crying out for right there. There are not people out there, are not people out here who just want to replace the figureheads at the top and find one that's a little bit more. And that's why Crockett has, you know, a lot of support right now. That's why Mundami won in New York. The people who are willing to tell us how to break the wheel are gonna be our

leaders of the future. And and and Jeffries is not that guy, which is not saying that I'm not gonna look, I'm gonna spend the next year of my life until we get to the twenty twenty six mid terms, telling everybody within earshot about how Hockeing Jeffries must be the next Speaker of the House, how the Democrats need to take control of the House, how that has to happen, and that we have to support Democrats and we I'm gonna do all the things, right. I'm not not gonna vote.

I'm not I'm not stephen A. Smith, right, like I'm rational, right, and and so I understand what needs to happen politically, but in terms of what this country needs to defeat the authoritarians and the fascists and the biggots and the racists and the misogynists that are running roughshod over our country on over our rights. Hakim Jeffries is not the leader of the opposition movement, and we need one.

Speaker 2

Well at our reach.

Speaker 5

Resident Collie, Let's take take up an offering.

Speaker 1

Yes, the doors of the church might might now be open, but now they're going to be open to the Supreme Court. So, ellie, all hill is breaking loose in every branch of the government, So please take us over to the Supreme Court.

Speaker 2

I don't know where you even want to begin.

Speaker 1

I don't know if you want to start in campaign finance or if you want to go somewhere else, but let's get it.

Speaker 6

Yeah, so look at thirty thousand feet. Every time I come on your show, every time I call on every show, I try to tell Democrats, liberals, progressives, black people, Latino people, anybody who will listen to me, that if you do not control the Supreme Court, you do not control anything. There is no liberal agenda, there is no democratic agenda, there is no progressive agenda. There is no black agenda

that can survive. Generational control of the Supreme Court by six conservatives, Republican fascists in ropes, nothing happens, you don't get anything. And the Supreme Court this year, since they got back to work, actually even before they officially got back to work, this year has has proven my point. All they have done is rubber snamp the MAGA, administer the MAGA policies. And it starts. It started in September on the shadow docket when the Supreme Court in Brett

Kavanaugh reconstitutionalize racial profiling. Like I'm not sure that everybody fully grasps this, but like racial profiling is back and constitutional, and Brett Kavanagh says it is just common sense, and that is what And so Ice is now explicitly by the Supreme Court allowed to racially profile people as they arrest and detained in their ridiculous search for illegal immigrants. Right, Like,

that's just back on the table that was September. The Supreme Court has agreed finally, and I'm not surprised to hear the birthright citizenship case on the merits and so I think that's the logical place to start, because birthright citizenship is a fundamental right in this country, right, a right given to us after the Civil War by the Fourteenth Amendment. Right that says that you are a citizen of where you are born, not where your parents are born.

And the Supreme Court and the Conservatives want to take that away and return us to truly an antebellum, a pre Civil War state of affairs. And I say that because you have to understand why birthright citizenship is here in the first place, right, Like, yes, it was here to provide citizenship to newly freed Africans after the Civil War. Yes, great, but what was it really changed? What the Fourteenth Amendment did was create an entirely new concept in this country

called the American citizen. See before the Fourteenth Amendment, in the pre Civil War War days, citizenship did not flowed down from the federal government. It flowed up from the states. So whether you were a citizen of the United States America, there was no such thing. You were a citizen of Georgia, you were a citizen of Missouri, you were a citizen

of New York. That's how they did it, and that's why we had a war, because obviously Missouri was like, black people can't be citizens, and Illinois was like, actually, black people can't be citizens, and you can't have a country with those. You can't have a country where your citizenship changes depending on which side of the railroad track you live on. That's unworkable and led to the bloodiest

war in American history. The Fourteenth Amendment solved all that by saying, all right, we're not going to have every state doing what they want. One standard of citizenship, a federal standard citizenship, an American standard of citizenship. Right, So that's number one why it's here. The second reason why it's here, and you'll see Republicans always talk, well, you know, Western Europe doesn't do birthright citizenship no, they don't because

they're colonialists. Having citizenship be based on where your parents are from, specifically where your father is from, is a colonial idea because it allowed the French and the British and the Dutch and whatever to go all over the world rape and pillage other people's countries and when they produced offspring and other places of the world. Oh no, no, no, you weren't a citizen of Vietnam. No no, no, you were still French. No no, no, you're not a citizen of Ghana.

You're still English. Like that is why they did it that way. When you get to the New World, which is a country of immigrants, having citizenship tied to where your parents are from was unworkable because then you're all English citizens, then you're all Dutch citizens, then you're all right.

So the New World adopted an idea that your citizenship was tied to your both birth and that existed for white people before the Civil War, right like when people are saying saying, oh, it's how Western Europe does it, why don't we do that? White folks before the Civil War, their citizenship was based on the state that they were born in, not the state where their parents were born in right, you didn't have William Pennah, I'm not a

citizen of Pennsylvania. I'm actually a citizen of jolly old England. No, that's not how white people rolled, right. So the idea that your citizenship is tied to your parents is a colonial idea. The New World rejected that. And not just America, Canada, Mexico, Venezuela, and Brazil, El Saltley the name a country in the New World, almost all of them have birthright citizenship as opposed to Old World citizenship. And that leasing to my

third and final point. I'm talking to you about the law, about why the fourteenth Amendment is written the way it is. But there's also a level of disgusting moral apocrisy when a nation of colonizers, usurpers, and thieves purports to say that a person born in these lands is not a citizen of these lands, and actually it's based on where their parents are born. Right. We stole this country from people who wait for it. We're born here, we're born here.

We stole this country from people who were born here. And now we're gonna where the Republicans want to say, even if you're born here, you don't get to be a citizen in this nation that we've created on stolen land. There is a disgusting layer of moral hypocrisy underlying the entire project to end birthright citizenship. Of course, you didn't bring me on to tell you why birthright citizenship of supportant.

You brought me on to explain why the Supreme Court is about to take it away, and on that particular question.

Speaker 1

But Ellie, Ellie, this is important context, and I want you, if you can, in this next portion of your response, to talk about why folks who may be at home, folks who look like us, you know, parents are born here here for multiple generations, we're stolen from, you know, our original land.

Speaker 2

Right.

Speaker 1

But there are some of us, some folks who look like us, who are like, well, this isn't going to apply to us, because this is really about the immigrants that we're mad at for taking our opportunities and they got our jobs and this and that. So they're thinking that this birthright citizenship case, if they've heard about it, is going to target children of immigrants, not necessarily us.

Speaker 2

Can you talk about why.

Speaker 5

That is also inherently really really good question, Angela, particularly about the politics around a really good question.

Speaker 6

Yeah. So for people who think that this is only going to affect Latino or legal immigrants, I would ask you, guys, this proven prove that you prove that your parents were citizens in the United States. When they ask you, how are you going to do that? Right? They don't always keep great req on where we were stolen from and where we came from, not all of us. I happened to be able to trace at least a part of my lineage all the way back to a plantation that

was freed when Sherman came marching through the South. Most black people aren't that lucky. Most black people don't have that kind of record keeping in their family tree. So when the ice agent, when the government agent comes into the maternity ward and says, well, I don't think that you are that your baby is a citizenship is a citizen because I can't prove that you're a citizen, because I can't prove that your citizenship is not also derived

from birthright citizenship. How are you going to prove that it's not? How are you going to prove that you actually were brought over here on the second ship of Dutch settlers that had fourteen slaves to build the wall on Wall Street, Manhattan. How are you going to prove that you go back that far? I know that there are atos people out here just like this is great

for us. Prove it, prove it. And because you, the black person will be asked to prove it, while John Hinton Meister, the third with that German ass name, is never gonna be asked to prove that they are citizenship by dentt of their fathers. There's also an issue about when they if they try to change this, citizenship will be directed through who the father or the mother? Right, because they're all anchor babies or shit all that. So how how do you do what if you have one

parent who is a citizen and one who wasn't. Is that gonnaccount? And which parent? And do you have records of that parent?

Speaker 5

Right?

Speaker 6

Maybe your mother was an illegal immigrant who came here, but your father was you know, not only your father. You can't even find him to pay child support, much less find him to produce his birth certificate.

Speaker 2

Right.

Speaker 6

So again, if you think that this is only gonna affect the obvious Latino illegal immigrants, prove it. How are you going to prove that you were allowed to be here, because that is a That is the second question that these people will ask you when they try to send you back to wherever the hell they think that you're supposed to be from.

Speaker 4

Nobody knows.

Speaker 2

I want to just really quickly.

Speaker 1

Andrew is not feeling well, So Andrew's gonna gonna go for the rest of the day. I know he's gonna go get some rest, so we're gonna let him go so you can sleep, sleep off this mucinex or whatever he took to get better. But Ellie, because Andrew's leaving, I got a quick follow up. That question is you guys that don't know that I've been dealing with medical stuff with my mom, so I had to find her birth certificate recently.

Speaker 2

And this is crazy.

Speaker 1

Like to Ellie's point, think about these technicalities, which we've also seen like with voting records too. On my mom's original birth certificate, they re ordered her name and her first name, so she had to get an updated birth certificate with her name as it is originally ordered. But who's to say that these folks won't say no, you know that doesn't count. This is not so now even maybe her citizenship is challenged our elders.

Speaker 2

My grandmother when she passed was one hundred and five.

Speaker 1

When you talk about one hundred years ago, our records in the South weren't tight.

Speaker 2

So our names are wrong, birth years are wrong.

Speaker 1

My dad's mom, y'all, she has three different Social Security guards with three different from three different birth years. She's now passed. But if we start really peeling the layer of this onion back, this is treacherous for black folks in this country who have been here for most situations.

Speaker 2

I will yield hied.

Speaker 6

Citizenship should not be tied to clerical stuff, right, Like we shouldn't be relying on the white racist matron at the maternity Ward and Selma, Alabama in nineteen oh for to figure out whether or not your grandkid is a citizen of the country that they were born in. That's just not a And again I go back to the pre Civil War or situation. It's not a workable solution, right because what happens if the Supreme Court takes away

birthright citizenship is that will probably devolve back into separate states. Right, so they'll say, Okay, you're not a citizen in the United States. So if you're a legal immigrant and immediately, Kathy Hokel Gafa Newsom, they'll pass a law saying, well, you're a citizen of California regard if you're born in California.

Like that. That is the next thing that that's the liberal response to all of this, and that brings us right back to where we were in eighteen fifty seven in the dread Scott decision, where you're going to have a class of people who are citizens in one state but aren't citizens in another state. You'll have a class of people who are who are citizens in California but then lose their citizenship when they travel to Texas, who lose their ability, their record, their record, the providence of

their records when they travel across state lines. And again, we have literally tried it this way before and it led to war. So I don't understand always people's apathy towards this particular issue, and I do think that part of it is racialized. They think it's only going to hurt a certain class of people and not all classes of people that white folks want to hurt, and that is just not true. But because of its unworkability, that's why I say I'm not sure that Trump wins this one.

This is one of the only cases up where I can't immediately say, oh, Trump has six votes, right, he might, and oral arguments haven't happened, and I will listen to those closely and have much better sense after these people start talking. But on spec I can't fully I can't necessarily count to six votes count to five votes for Trump on this issue. I'm not saying that he won't win. I'm just saying that of the cases, you know, there's a class of cases that I know he's gonna win,

and this is not one of them. I don't know that he's gonna win this one because blowing up the fourteenth Amendment, remember by executive fiat, Like he's trying to change the text and the meaning of the fourteenth Amendment, not through legislation, not through a constitutional amendment, just through some like podunked executive order. It's a lot for the Supreme Court to say Trump can change the Constitution by executive order. They might, they might say it, but they also,

like literally they just might not that might. This might be actually the bridge too far. And there's also the political balance here that I'm sure McCary thinks about a lot. You if you're if you make Trump lose here, you're gonna have a whole series of center right stories from mainstream media, from the New York Times in the Washington Post, from all those guys saying, ah, as we can clearly

see the Supreme Court is legitimate and reasonable. Right, the Supreme Court is taking a lot of heat right now and having this one decision, which is completely coogle for cocabus bonkers away from Trump will will trigger a bunch of mainstream and right wing media being like, ah this, ah, yes, the Supreme Court totally reasonable, toyal, legitimate, so we should so now we can clearly see that all the other things that they've done, like taking away voting rights, jerrymandering,

anti trans stuff, all of that is fine because clearly they're just following the law. They're not beholden to Trump. So, like, you also have political value for the Supreme Court and standing up to Trump on this issue, which is so is so beyond the pale of normal constitutional law. That's another reason why I think he could lose this, and then I'll have to come on all the shows explaining why the Supreme Court still sucks even though you had this one good.

Speaker 5

Decision isn't this the politics of John rob though more so than anything else. I mean, what we've seen is there that John Roberts will. You know, we've had some surprises from Amy Cony Barrett as well. But John Roberts oftentimes will take the side with the liberal justices or pull somebody with him to preserve the quote unquote integrity, or if he sees the court slipping away in the pages of history, he attempts to salvage his court.

Speaker 6

I mean you said often. I don't know that it's often anymore.

Speaker 5

Not often, but at every every blue moon or so.

Speaker 6

Every now and again, Roberts will will join levels. And really I have a little bit more faith on a llegit tempt at rapist Kavanaugh than Barrett because Caveall is also more susceptible to the political wins one, you know, to armchair psycle analyze Kavanaugh. He desperately wants to be liked. He desperately wants to be treated in the press like Roberts is treated in the press. Now he will never be because he's an alleged tempt at rapist and also

a freaking idiot. But he wants what Roberts has and so sometimes Kavanaugh can be pulled on these political strings, I think even more so than than Barrett can can, who to the extent that she's ever moderated, it comes from a very doctrinal position, as supposed to Kavanaugh, who's just trying to get a good press hit. And then Roberts, I think for Cari, you're right that he will occasionally at least pretend to care about the legitimacy and stature

of the Supreme Court. So all of that can again, I can listen to oral arguments and in an hour, I can tell you, wait, no, I was wrong. But as I stand now, before they've heard arguments on the case, I don't know that he has five votes for this. I know he's got to I know he's got Thomas, and I know he's got Alida, but I don't know that he's got Roberts, Barrett and Kavanaugh. And then Gorsich can get really Gorsich can get really textual on these issues.

And there's also with Gorsish you also have to remember, you know, I sometimes jokingly call him the last Justice of the Mohicans, Neil Gorsich, those Native Americans. He is, he is Dale Day Lewis, he is out there. Any decision involving Native Americans is something where where Gorcious can be relied upon to vote with the liberals. It's it's

the one good thing in his portfolio. And you can make an argument that taking away birthright citizenship also significantly negatively impacts Native Americans, and if you hit that argument right, you'll get Gorsic too. So again, I could be I don't want to I hate. I never want to sound naive. I know exactly what this court is capable of. They're capable of giving Trump the win on birthright citizenship. I just don't know that they will.

Speaker 3

Elliott.

Speaker 5

I gotta go ahead, Go ahead, Tiffany, because I was gonna ry something up to you, Tiffany and Angela. But go ahead, Tiffany. I want to hear you perspective jump in.

Speaker 2

I don't.

Speaker 3

I don't want to take us away from where you were going. So remember where we were, because I'd love to hear your question. But I just wanted to ask you.

Speaker 2

Ellie.

Speaker 3

You know, the Scotus is off limits to cameras, so we never hear what's being said. And I've asked this question before, but I've never posed this question to you. Is it helpful to us that we don't get to see what's being said during SCOTUS hearings or is it more harmful, Like would it become kabuki theater if there were cameras there? Would people you know, be like you said,

Kavanaugh wants the next press hit. Or would it provide more transparency for the American people even though we can see the opinions and read the transcripts, there might be a little bit of a difference. So just curious your thoughts.

Speaker 6

Yeah, So before I answer that question, I'll kind of attack the premise a little bit. My views shouldn't matter on whether or not there should be cameras in the courtroom, because courts are public hearings in the public has a right to see their leadership in action. And it actually doesn't matter whether or not it's good or bad for lag, Like you have a right, you should have a right to see it and not sing it is unnecessarily secretive

of the courts. Secret courts are bad, are big b bad for democracy, and so the courts should be the court proceeding should be televised, just because whether or not that would be a good thing for the court itself. Right now, I do think that if you had cameras in the courtroom, there would be more grand standing from the lawyers. I think there would be more grand standing from the justices. I don't particularly think that's I don't think that's particularly good.

Speaker 5

Lawyers don't lawyers don't grandstand. I ain't never seen nothing like that before.

Speaker 6

I right, you know, that's a thing that would happen. But the other thing that would happen if there are cameras in the courtroom is that you would have more of this on TV. I was talking with a TV producer that I will not name, but a very important TV person, and they were saying how hard it is to cover the courts on the TV news, on cable news because you don't have video, because you can't just play a clip of the Yes, you can play the audio,

but you can't play the video. And TV's a video medium, and so by not having cameras, it prevents a lot of otherwise what would happen television coverage of these unelected rulers of our country. So I think whatever the bad grandstanding issues are overcome by the need for more transparency and for people to be able to see and learn what their actual rulers are doing. So I'm one hundred percent in favor of cameras in the courtroom, even though I think it would probably be bad in terms of

like the quality of arguments. I don't think those concerns are are misplaced. I just think they're completely overtopped by both the democratic necessity of being able to see your leaders in action and the ability to cover those cases on television.

Speaker 5

But you just all yesterday. I think the cannon or the US Code of Judges Code of Conduct for Judges says that I say yesterday, Tiffany, dammit, I'm sorry you just saw this week.

Speaker 2

Uh.

Speaker 5

And it's from the US conduct US Code of Conduct for Judges or their cannons that they should refrain from political activity. But I believe he's in the third Circuit quarter third Circuit Court of Appeals. Yeah, I don't. I'm a I'm a I'm gonna fuck his name all up. But Judge Emil bouve bove both, it's really it's really pronounced like it's spelled both. Okay, he showed up at Trump's rally last night like it wasn't nothing.

Speaker 6

Yep.

Speaker 5

I've never seen a judge on a federal Court of Appeals show up at a political rally where it evolved in this partisan rhetoric like it was nothing. But I think, Elly correct me if I'm wrong. But we don't have any recourse as part of this democracy for a judge who just simply flaunts the United States Code of for judge.

Speaker 6

Republicans do not DGAF. They do not care about any ethical strictures. And it's why I keep saying, my first bill, if you know you elect me a dictator for a day, my first bill is expanding the Supreme Court. My second bill is ethics reform for the Supreme Court. We need ethics reforms for the entire federal judiciary so that Bakari, we have a recourse when these judges are openly corrupt. Right. I call it the Clarence Thomas Anti Corruption Bill, right,

or the Harland Crow Anti Corruption Bill. But you need something where an independent body can hold these judges accountable when they clearly flout what should be ethics ruled. We don't have any ethics rules, so I almost can't even say they're can't clearly flout what doesn't exist. But you know, when they clearly flout the simple, the mere idea that they should be nonpartisan, impartial arbiters of the law. They don't even pretend to be that anymore, and they never

will until there's an ethics bill. Now, legal scholars will say that there's a separation of powers problem because the Court has defined powers and they're punished by another branch of government. Then that the offends. That makes Thomas Jefferson

cry or something. I don't really care, but if you want it to go down that roll road, I always point out that the Supreme Court's budget is controlled by Congress, and so again dictator for a day, I cut their budget until they agree to third party ethics oversight, right, like that is a congressional power. The Constitution says there should be a Supreme Court. Doesn't say where they should meet. Doesn't say that they get to have a fancy court house.

They can meet out on the lawn. They can hold their hearings out on the lawn, on the Washington Mall for all the Constitution cares. Right, doesn't say they get fancy clerks. Doesn't say they get security. That's something that Congress has provided these people. They are armed security forces, so they do not face the gun violence that they have inflected upon the rest of the nation. I would take it back. I would take it back. I would I would let Harlan Crowe to provide their security for

all I care. But if you're gonna get money from the federal government, goddamn a, your gunna follow some ethics rules. That is the hard ball I would play. And then Nick Dick Durbin emails my magazine yells at me for being too radical.

Speaker 3

Well, we appreciate it. I have a question, not well for you, Ellie, but I also want to hear from Angela and Baccari on this, because I'm outnumbered by these three lawyers. And so Bacary just brought up a really interesting point, a really poignant point about this judge, a federal judge on the Court of Appeals at a Trump rally. You're talking about how the structure you know, these are

just words in the Constitution. I keep saying this, I don't have the knowledge of the Supreme Court that you do, or the law that all you eyes do. I keep saying, the courts will not hold. We keep talking about these infrastructures as though they're going to be around in five years, ten years fifteen years before we came on, Ellie and I were talking about our love for and or the series and or that that reads that I watch it like a documentary. Do you guys think the courts are

going to sustain ten years from now? Are we going to be talking about the Supreme Court and Congress controlling their budget? Do you think this infrastructure we're trying to navigate is indestructible given that we've already seen the norms of it erode. We're seeing it every single day erode. So how important is this the Supreme Court going to be? When Donald Trump is like, Oh, I don't like what

you said, so poof the Supreme Court doesn't matter. I don't like these rules you're putting in place, so poof Congress doesn't matter. I'm just curious child's thoughts.

Speaker 5

Everybody I think. I think that. I think that the Supreme Court God's democracy and God society, not the other way around. I think the courts God society, and society doesn't dig take what happens to the courts. And the only reason I believe that is because I've deduced the three most consequential political events in my lifetime actually are

centered around the courts. I mean, the three most consequential political events I've had since nineteen eighty four, since I was born, was replacing Thirdgod Marshal with Clarence Thomas, Conservative pressure on the right to remove Harriet Myers and replace her with Justice Alito, and the election of Donald Trump over Hillary Clinton and him being able to put three justices on the Supreme Court. So in my forty one years of living, I believe that the court the courts

have dictated societies machinations, not the other way around. So yeah, I don't think the courts will be at the whim of society. I think it's the other way around.

Speaker 1

And yeah, I want to say first that I think it's really important that we understand and the court's role here. Agreeing would be to an extent, but I think that they are the reason for the demise, whether we're talking about extending presidential immunity to criminal cases or we're talking about these other two cases that we haven't gotten to yet. But in particular, and this is kind of where I want to transition Elie to next is we've talked about

the long standing impact now of Citizens United. You know, the case with FEC or no McCutchen McCutchen versus the FEC where campaign contributions were no longer capped for individuals. So this is democracy is now a numbers game, and if you don't have money to play the game, then you're out. And so what they're getting ready to do in this case where JD Vance frankly should no longer have standing with this in a in a n S

r C case against the the FEC. Also, I think is an important note because I think it expands Citizen United and its intent and McCutcheon to a very very dangerous place where it is purely pay to play, and it sounds like they're gonna win on the merits on this case. So Ellie, I want to hear you on this, and I'd love to hear if there's time on the FDC as well.

Speaker 3

But before you weigh in, Ellie, can I just say because if I don't follow this stuff, I'm so confused. So I just want to in R s C, I just want to be clear you're saying National Republic Senate campaign, that's what you're talking about.

Speaker 2

Yes, Yes, go ahead.

Speaker 6

So for the thirty thousand foot question, people need to remember courts are extremely useful, useful to fascists. Right, courts have always been in the fascist corner because courts are what legitimizes the fascist regime. Right, the fascist does something that's illegal and the courts say, actually, it's not illegal, and then everybody's like, oh, well it's not illegal, We're fine. Like the fascists throughout history have always used the courts

to their own ends. That's why taking over the courts is always like step one in any fashion authoritarian takeover. Which is why I've been screaming about court expansion for the past ten years, because it is the courts or a leading indicator of fascism, not a lagging indicator of fascism. So that's to Tiffany's thirty thousand foot question, and we're seeing it on Angela's on the ground question about campaign

finance reform. What the Court is essentially doing, big picture wise, is making corruption legal, right, Like, that's how we have to think about it. They're making corruption in our political system legal. Two years ago, Brett Kavanaugh issued an opinion where he basically said that you couldn't charge people for corruption for taking legal bribes if they took the illegal bribe after they had already performed the service that they were bribed to do. At that point, it's just a gratuity.

That is me quoting capital. It's a gratuity for job well done. If you pay a politician after they've taken the vote that you wanted them to take, no mention of that you promised to pay them that money only if they voted the way that you want it. Right. That is, there was a case with Bob McDonald and Virginia. Like the Supreme Court is trying to make corruption in our political system legal, and that is really at the

heart of this NRS, this Republican National Committee case. What they're trying to do is remove the cap on spending. Right so, like, right now you have a limited amount of money that you can give to political candidates. They're trying to take that away. I'm just trying to say, is if you're a rich if you're a billionaire, if you're Elon Musk, you can pay these guys as much as you want. Right So, again, it's allowing more corruption to be in the system, and that the Supreme Court

is very interested in doing. Why because they're a leading indicator of fascism because they're a leading indicator of oligarchy, Like, this is how you make the oligarchs and the fascist legal by allowing them to spend as much money as they want to influence and quite frankly buy political candidates and political campaigns. And that's absolutely what they're doing and what we're saying right now, and it's bad. It's it's very bad.

Speaker 5

We it didn't sound it didn't sound good. It ain't sound good. I can tell you that much, right.

Speaker 2

And again, this is.

Speaker 6

That really bothers me about this case is that obviously the legal jargon for why they're saying that they can remove the limits is that they're saying corporations are people right, that corporations have free speech right. Money is speech, corporations have a personhood's free speech right to to spend as much speech as they want to if you will. And that, again,

on the hypocrisy level, rocks into their birthright citizenship thing. Right, So they're basically protecting the personhood of corporations but not protecting the personhood of actual fucking people, Like that's what they're that's what they're doing. And again, the hypocrisy is rife and and disgusting.

Speaker 5

Well, I need to argue in front of Supreme Court one day. That's one of my dreams because one of my goals is to not get rid of, but limit qualified immunity. I know you have your dreams. I have. That's that's one of my judicial dreams because.

Speaker 6

It's if you ever get the opportunity, can I ask you just to blow these people up? Because so many of the people who argue in front of the Supreme Court, and obviously there are lawyers, they're trying to win their case, and so they're really solicitous and nice and and play along with the justices. And I just want one person to show up at court and just call these people out on their hypocritical bull craft, because that never happens,

and that's what I want to see. That's why my dream is to be nominated for a Circuit Court appointment. I don't want the actual job. I think I would actually be probably a bad judge because I'm pretty freaking biased.

Speaker 5

I don't know, man.

Speaker 6

I think the confirmation hearing, the confirmation hearing where I get to sit in front of the center judicial community and do not care if they vote for me.

Speaker 2

Oh perview, that would.

Speaker 5

Be I want to see you and you buddy from h You and buddy from Louisiana. Right, I would, just I would. What's his name, John Kennedy, John Kennedy.

Speaker 3

I was like my Louisiana Republican centator from Wisiam.

Speaker 5

Yeah, we're blaking on name today. I argued in front of the South Carolina State Supreme Court one time. Our domestic violence laws specifically stated one man, one woman, and so gay couples did not get domestic violence protection, meaning that the charges didn't escalate, you didn't get an order protection, all those things. Uh. And so I actually won that case in front of the South Carolina Supreme Court when I had a young lady who was the victim of

domestic violence here. So now South Carolina loss cover same sex couples. Very proud of that, Eli, but it's not the big dogs, but it was big enough for me. Right for your service, Oh, I'm sorry, go ahead.

Speaker 1

Well sorry, I just if you could ellie in thirty seconds. This is another pain point for me in this slaughter case, of course, is where Donald Trump may get the ability to overrule what happens traditionally with the FTC. That's the Federal Trade Commission and I just remember a point where the Supreme Court unanimously decided that Barack Obama couldn't even make a recess appointment for the nation National Labor Relations Board.

So if you could really quickly just go into this, because I think this is a case that Trump is likely to win.

Speaker 2

So if you could really quit this.

Speaker 6

Is a hugely important case. It's called Trump Freesolary. It basically deals not just with the FTC, but Trump's ability to fire everybody in the executive ranch. It's that unitary executive theory. All executive power is vested in the president, and so you can fire the head of any federal agency. He can fire any commissioner on an independent federal commission commission. He can fire any employee of the federal government if they just happen to be black, happen to be gained,

doesn't like them. Because everything is everybody starves with the pleasure of the president. According to this made up unitary executive theory, it is the end of the administrative state,

is the hollowing out of the state bureaucracy. And I know that when I say that defending the bureaucrats and the experts doesn't sound particularly sexy, But people need to understand that one of the some thrusts of constitutional liberal democracy, one of the reasons for the bourgeois revolts of the seventeenth, eighteenth, and nineteenth centuries was to take away the power of the absolute monarch to fire government ministers and functionaries at will.

That was actually one of the huge points of contentions between constitutional democracy and absolute monarchy. That you shouldn't be able to fire federal officials just because they don't do what you say. You shouldn't be able to fill the federal bureaucracy with your cronies and friends as opposed to experts and people represented by the elective branches, right Like,

That's actually part of what the revolutions are about. And so when the Supreme Court gives this power back to Trump to fire any federal official at his whim and will, what they're doing is truly giving him a monarchical power in the same way that Trump the United States gave him immunity from criminal protection, which is the power of

a king. This also is the power of the king that they are regiving to Donald Trump, and it's part of a long term conservative legal project to destroy the administrative state to destroy the regulatory state, and they are absolutely winning and they're absolutely going to win this. And so in my article in the Nation, I wrote, like people might not think that they see the importance of the bureaucracy now, but y'all will You will when you can't get a vaccine because Trump has fired everybody who

is able to provide you a vaccine. You will see it when there's uranium and mercury in your drinking water because Trump fired all the people at the EPA, because groundwater studies are too woke for the Trump administration. You will see. You will see it as AI turns into the terminator because it's completely unregulated by the federal government. All of these issues are actually issues of whether or not we're allowed to have a state bureaucracy run by

experts or a state bureaucracy run by cronies. And the Supreme Court and Donald Trump have decided to go all in on the crony system, and that is going to have significant consequences for how we live every day in this country. And he's going to win sixty three, He's gonna win six three, and that's it.

Speaker 1

This case, of course, is argued this week, please make sure you all check out Ellie's peace on this court case. And with that we are going to jump into our cost to action.

Speaker 6

Who cares about truth? When the last.

Speaker 1

Morning saying it, Ellie, you are here, you lighten it up, no pun intended. But I also want to ask you if you have a call to action for our audience since you're still here with this oh.

Speaker 6

My god, packed the court. I mean, like I can't. I say it all the time, and I know it almost sounds like broken record, but like we even at this late date, even when all the Supreme Court is doing, we still do not have Democratic candidates running explicitly on a court reform package.

Speaker 5

Right.

Speaker 6

We still do not have the Democrat who wants to be running for president in a couple of years saying that when they are president day one, they will expand the Supreme Court and roll back all of the horrible decisions that we're talking about. So pay attention to who is on the side of court reform and vote for those people and reject the people who think that the saying that politics as usual are when it comes to Supreme Court is what's going to get us through this.

Speaker 1

Thank you, Ellie. Tip what you got.

Speaker 3

I will just use this time quickly to say thank you to the National Council of Negro Women. Chavn Arleen Bradley honored Joy Reed, Melissa Harris Perry, and myself at their dinner this week. Please support the National Council of Negro Women. Learn about the legacy of doctor Dorothy Height

and Mary McLeod Beffoon, who founded the organization. I've been a member since I was twenty one years old, and so I just want people to make sure that we carry the legacy of our people who may not be household names to some people, who may be household names to others, but carry the legacy of our civil rights leaders into the work that we're doing today. So thank you Shavon and the NCNW for honoring me and my

sisters this past weekend and Karen Finney. They also honored Karen Finney as well, so congrats to her.

Speaker 2

Congrats Tip.

Speaker 5

It is much deserved, well deserved, well deserved. Yeah, no, y'all, don't.

Speaker 3

You know we're pretty unfiltered, right, That's okay.

Speaker 2

Truth is welcome here.

Speaker 5

Yeah, yeah, I love it. Congratulations Tiffany, you deserve all those blessings and many many more. Truly. Indeed, I remember my mama used to get that mail from the uh what is it U N CW and that what I and that is that the acronym. Did I get it right? Yeah, y'all, Yeah, that's why I don't talking to Adam. But it's been around a long time, great women, and you all are part of that lineage. Mineus quick. It's only about three weeks or so, less than three weeks left in the year.

Go get your physicals. Man, y'all gotta go get your yearly physicals. I get really depressed around this time because one of us are going to have somebody who drops dead who need not be dead, around this holiday season. Go get your yearly physicals. If you haven't, you still got time. If you got the ACA, Obamacare is free, even go to urgent care. I like to get the Cadillac because I'm a little bit of a hypochondriac. So I make them test me for everything, eatbola, eat cola,

all the stuff. So I want you all to get get get your physicals, particularly black men, if you're over the age or whatever it is, let them let them get real intimate with you, touch you in all the places you don't necessarily want to be touched, but go get your physicals so we can live a little bit longer this holiday season.

Speaker 1

I actually, Bakari, I appreciate you going there for two reasons. One is a good friend of ours, Stephanie Brown James lost her best friend this week. The young woman is just forty four years old. Erica makes she rest in power.

But it also reminded me of I have like reiki sessions weekly that are virtual, and in my reiki session from last week, Danielle told me that this was a season for me to really engage in clearing out any negativity, so any old wounds that I may have, any old baggage, any you know, points of bitterness, any places where I needed to release someone or ask for forgiveness, to really deepen into that. And I was re listening to that session on Monday of this week, and I just want

y'all to know and hold me accountable to it. And I also invite you into the journey to do the same, to release any of.

Speaker 2

That baggage I got stuff.

Speaker 1

Y'all clearly know that I need to resolve with my brother, you know, I just I want to make sure that when I go into twenty twenty six, I'm leaving all of that behind. Whether there are places where I've offended or hurt people, I've seen comments from people said I was mean to them when I saw them, Please forgive me. I don't know what was going on, But more often

than that, it's not me being the beat. It's just anxiety and I'll be spending and Tiff will be like, you gotta calm down, says, and she's right, and so to that, I want to be much more intentional about how you are encountering me and make sure that I clear the air. So for those of you who I don't have your phone numbers or emails, if I've done anything to offend you or cause you harm, please forgive me.

Charge it to my head and out my heart, and I ask that you and you join me on this journey at the end of the year for us to clear out any of that negativity so we can go into this next year with much more positivity.

Speaker 5

Apology accepted, Apology accepted. Thank you for finally acknowledging that I'm glad we got took years, but I'm glad. I'm glad I finally took Ellie coming on the show to get the apology.

Speaker 1

I'm here so glad his WiFi is breaking up me in.

Speaker 6

Again.

Speaker 2

That's what happened. The Laura won't let him have the floor. Thank you Jesus with that, y'all. This show is a rap.

Speaker 1

Thank you again to our guests, our favorite Supreme Court expert, Elie, Vesta, tiff And Bakari and Andrew. Y'all pray that our good brother Andrew gets better with this od y has when you got that many kids that do bring the germs home, So pray for our nist and our nephews as well. We are Angela, Rie, Tiffany Cross, Andrew Gillim and Macari Sellers.

Speaker 2

Welcome home, y'all.

Speaker 1

There are three hundred and twenty seven days in token in termolation.

Speaker 9

Welcome home to the native landing on the podcast face that's a for greatness.

Speaker 6

Sixty minutes is so hit, not too long.

Speaker 9

For the grave shit, high level combo politics in a way that you could taste it then digest it. Politics touches you even if you don't touch it.

Speaker 6

So get invested.

Speaker 9

Across the t's and doctor I kill them, got them ass Sellers Staying on business or why you could have been anywhere, but you trust us. Native Lampard is a brand.

Speaker 6

That you can trust.

Speaker 1

Native Lampard is a production of iHeart Radio and partnership with reisent Choice Media. For more podcasts from iHeartRadio, visit the iHeartRadio app, Apple Podcasts, or

Speaker 2

Wherever you listen to your favorite shows.

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