Good morning, peeps, and welcome to wik f Daily with Meet your Girl Danny L. Moody recording on the road. Actually, folks, the last couple of weeks have really opened my eyes
to wear universities loyalty lies. Right. We send young people to hire institutions, right, to hire ed institutions in order to have them think critically about the world around them, how they're going to choose how to build a profession right with the information that they learn that they are supposed to be these you know, microcosms of the world around us, but really a place where you can really delve into critical thought and then exercise what it is
that you learn. But what we have seen over the last couple of weeks as the protests on college campuses have grown in their response to wanting universities to one be transparent about their investments, two to divest investments from
Israel that are contributing to death and destruction. Right, how I've been framing this is that college tuition has gone up two levels once unheard of in like the six figures to send your kid to school for a fucking year because you're told that if you don't have a college degree, right, then you're never gonna get a good job.
But honestly, I'm really starting to look at these institutions as just one big fucking Ponzi scheme, because what it has become is an apparatus for young people to go into debt, right, and like extraordinary debt, not like a little bit of debt that gets paid off in a couple of years. But you're talking about high six figures worth of fucking debt. Because unless you are the super rich,
I don't know who can afford these college numbers. So when now students are looking around, they're saying, so I basically and myself and my family are going into extraordinary debt, and I'm not supposed to have a say on where that fucking money is going, Like I'm not supposed to know or ask questions. And then when I do, all of a sudden, I'm the problem and not the institution.
So you have these places that are supposed to be the you know, thought cells of the future, right future industry leaders now being arrested for exercising their right to free speech, their right to assemble, and their right to question the very institution who, without their tuitions wouldn't exist. But now it turns out that universities really don't give a fuck about their students, who they see as disposable.
What they really do care about are those endowments. And as it would turn out, those endowments argually come from quote unquote conservatives who are on the side of Donald Trump and the Republicans and don't believe in free speech, don't believe in the right to protest, don't believe in democracy. And so now you have these universities being quote unquote pressured by major donors to quell critical thought and protests and democratic values on college campuses. Folks, this is what
the right has always wanted. When you look at textbook fascism, who do they go for first, Right, They go after the academics, they go after the students, because without those thinkers, what you're left with, right, are the workers. And so those that are more likely or easily to be controlled because they're locked into an economic status that does not afford them the luxury of thinking abstractly and big about
our critical issues. So it you know, as I see this crackdown happening, and as young people are making the decisions this very month, right about what colleges and universities they're going to be going to where they want to enroll. You know, for those of you who are listening to this that have high school's age kids or college age kids, they need to really think about what institutions that they
are going to. You know, one of the things that I will say too, that was just recently in the news is that Howard University, right, one of the historically black colleges and universities in Washington, DC, has seen an uptick of about fifty percent in applications. Thirty seven thousand
young people applied to attend Howard University. Now, Howard has been in the news for a whole host of other reasons, as it pertains to mishandling of funds and low investment into student housing and just horrific things that we have seen horrific housing conditions. But what it goes to show you is that as you're seeing arise in white supremacy and fascism, that young black people are saying they don't want to go to predominantly white institutions or pwise, they
would rather go to HBCUs. And so again, as we're thinking about the few of colleges and universities. I think that this is a really critical moment, right. The prices are skyrocketing, the democratic values are taking are plummeting, right, and young people are trapped someplace in between. There has never been student protests that were on the wrong side
of history, right. So, whether it be the civil rights movement, the Vietnam War, apartheid in South Africa that brought on mass protests at colleges and universities, they were always on the right side. So I would think really hard if I am the current administration, if I am current members of Congress, about who I'm going to be cracking down on. Coming up next, dear friends, my conversation with our friend Jennifer Tobb, who makes her return to wok F Daily
to break down the latest legal woes of Donald Trump. Folks, it has been far, far too long since we have had a friend of the show, gentile law professor, author of Big Dirty Money on wok F Daily, and I'm so appreciative to have you back to have some of your time because the legal news. I honestly I don't know how professors are teaching right now, and every time that I have either a professor of political science a law professor on I'm just like, I don't even know
how you make sense of what's happening. But what I will say is the Supreme Court, this unelected body of nine black robes that reigns over the rest of us without any repercussions, without any I don't know. I guess I didn't realize Jen that there was just like no safety valve when it came to the Supreme Court. And so right now as we're speaking, you have the immunity case, Presidential immunity oral arguments are happening. You have the Idaho
emergency abortion case that is happening. Not to mention what is on their slate as they barrel towards the end of their term in July. It's wild as fuck. And so as like, I guess I'll just say, the question is what are we doing here? Like, how do the Supreme Court even decide to take up this immunity case and pretend that they're not in the pocket of Donald Trump? And I guess it doesn't really matter, right, It doesn't
matter if they're overt covert. It doesn't matter because on either side, will they ever be held accountable for anything?
There is so much in there. There are many questions that I'm going to start with the very first one, which I loved. You said, how to professors? How are they teaching? And my last day of teaching was Monday. So that's how I am dealing with this. But I have to tell you, you know that I'm a follow the money person and you know, sort of a you know, obsessive on Trump finding justice because he is a white
collar criminal has gotten away with it. But the thing that is the most upsetting to me, that I couldn't listen to and couldn't even read about till this morning, was that Idaho m TALA case. AMTALA is standing for that federal law emergency what is it, Emergency Medical Treatment and Labor Act, because it's visceral, you know, Danielle, I mean I feel it. You know, I have been through a very dangerous labor. I know what it's like to
have to have an emergency intervention. Thank goodness, everybody survived. I also feel for these, you know, people who go in you know, pregnant and are hoping for you know, the continuation of their pregnancy and are in critical condition or I shouldn't even say critical, or in a dangerous condition where it's clear the pregnancy isn't going to survive, but there is a chance for them to give birth in the future. But if you wait and don't perform
the abortion, you could damage their reproductive organs forever. So for you know, there are a lot of people who will say who are anti abortion. They'll say, you know, I wouldn't be alive if my mother had had an abortion. Well, there are a lot of people who wouldn't be alive if their mother hadn't been given a medically necessary abortion.
And certainly people even if it wasn't medically necessary, which has nothing to do with the Idaho case, there are people who aren't ready to be parents, and if they had been parents, that future child wouldn't be born. So all this stuff, I think the access to abortion is the pro life position, and we can see that really
clearly here pro women's life. If you are a pregnant person and you can shape your destiny, you should not have to be in sepsis, near death with organ failure in order for a doctor to perform an abortion on you. And I was shocked to hear that in Idaho they're trying to gaslight us. The argument saying, oh, there's no
you know that if there's no big thing here. And the Idaho law is the same as a federal law that how come over six women or at least six women have been airlifted from Idaho to other states so they could get treatment. The reason why this federal law exists it's not just for emergency abortions. It's also for any emergency condition because in this mostly affected poor women, poor women, poor black women especially. You come to the
a hospital emergency room in distress. You might not be pregnant, it could be something else, and hospitals could turn you away if you didn't have insurance.
Now they have been doing. Now they have to stabilize you.
And by the way, this isn't just you know for people who are like, well, I'm not a poor person, why should I care. It's about you too, because different insurance plans, the hospitals will say, well, will you sign right here to agree to pick up any charges your insurance does. Well, before you even know what those charges
could be. They could be outsourcing the anesthetic, They could be doing things that could cost you tens of thousands, if not hundreds of thousands of dollars that you have now ruined your entire family for because they're forcing you to sign that, or they're forcing your spouse to sign that just to stabilize you so you won't die, and that is coercive in this law, you know, is meant
to deal with all of that. And so for me, what I heard about the argument yesterday and this in the case, was it only the women justices were actually carry at all about the lives of people coming into hospitals in danger.
And you know, I just.
It's really hard when you think, you know, it's hardwin dabs overturned, mov wade. This takes it to this next level. And if they cannot uphold this federal statute, then a federal law allowing abortion nationwide will not be uphelp. These things are all linked as well.
It's just, you know, what I realized listening to Alito in particular, is the depravity, Yes, is the depravity and the cruelty of these male justices that have no idea what you know. And I feel like it was somebody on cable news who said, you know, it's like they leave the Hallmark, fairytale, fucking Disney version of pregnancy and birth right like in Alito's mind, like what what what do you mean emergency? Doesn't the stork come to your door?
Like that's the kind of bullshit that they offer, and it just shows you, Like the male justices were in conversation about the particulars around the law, and the women justices are talking about the reality on the ground of women and their bodies and the fact that pregnancy is a high risk situation totally, and it doesn't matter if you are old or you're young. You are what do they say, you are never a woman is never closer to death than when she is giving birth.
Absolutely yes.
And so the fact that we are a developed nation with all of the tools and the science and the medical know how that has made maternal care and birthing easier for women. For the Republican Party and these right wing fascist judges to turn around and say, well, we don't really care. Right for Alito to profess himself to be some type of fucking medical expert, I'm like, you went to law school, bro, you didn't go to medical school.
So you don't see me coming to your job and telling you how to do it right because you don't actually don't know how to do it. So I just wonder, like the polling jen polls come out ah Supreme Courts in the toilet. We all know about Clarence Thomas and the grifting, but there's nothing we can do about it,
and there's nothing we do do about it. As they take us back to literally the dark ages, they might as well take us back to the law that was just narrowly overturned in Arizona in the House, with the eighteen sixty four law that they have on abortion.
Yeah, the Comstock Act that they're trying to use.
Yes. Yeah. So I'm just like, we have no what's the recourse? What is the recourse?
You know, I'm always looking for these, you know, I want to answer your question and not fight the hypothetical
and find something good to say. And I think the only recourse is making sure that you know that Joe Biden wins and that he in his next term expands the Court to thirteen justices, because we have essentially thirteen circuits, and because several of these justices, the ones who facilitated the end of Roe v. Wade, I believe, deceived Congress when they were at the Senate, when they were at their hearings. Number one, so you can't, you know. I
think that's step one expanding the court. And I think step two is we really have to fight countries have for a nationwide law that allows for abortion. We cannot do this state by state thing. It's not safe for
any of us. And it's barbaric. And we can see where this is going, you know, and this idea that women are merely this sort of vehicle and if there's any blood or guts involved in giving birth, that's on you, Like you should just pop this baby out like it's like like you're a plastic doll and the baby's popping out of some you know, plastic hole and there's no blood, there's no guts, and it's like Barbie Land. You know that, No,
that is not that is not what this is. And you know it's it's our lives depend upon this, you know. This is I always thought when people were referring to the Handmaid's Tail that it was a little okay, a little too too.
And that's where we are.
Right now, and it's frightening.
I want to switch gears, staying on the Supreme Court, but just switching cases, which is the presidential immunity case that as of the time of this recording is being heard, and you know, Jack Smith, the Special Council, had asked back in December for the Supreme Court to hear this case because he knew where it was headed and he wanted to get ahead of the curve. The Supreme Court said, nah,
we'll just kick it back to the lower court. Lower court makes a decision and says, yeah, presidents don't have full immunity, and now kicked up to the Supreme Court and they're like, maybe we'll hear it, you know, when the cherry blossoms come out. Right. So here we are. I'm listening, as you're listening, tell me your thoughts on what you're hearing. And to me, I'm like, if I was a lawyer, the only question that would be posed would be, so, how do the other forty four presidents
serve without presidential immunity? Like how were they able to serve over the last two hundred and fifty years of this country before this criminal comes and now all of a sudden, we need presidential immunity. Something the Framers never offered.
Well, not to argue for their lawyer, but his lawyer would probably say, oh, they already had it. We just never tested it, so that's what their lawyer would say. But so you know, when I'm when I'm listening to this, you know, I'm listening carefully, but also like you know, on my Twitter or in like little you know, in little chat groups. And it's interesting the different you know, the people who have argued numerous pieces before the Supreme Court.
I you know, I trust them, but I also trust my I wouldn't call myself a labors and because I'm a law professor, but I'm not a constitutional lawyer. So I'm listening. I think more like a member of the public,
and I think that I guess there's takeaways. I'm going to give you the most practical thing first, The most practical thing, which I've always been listening for, is are they going to decide this it quickly enough and in such a way that allows Judge Chuckkin to move forward immediately and you know, finish the discovery period and start the trial. That's like the practical thing I'm looking for, right, And from what I hear, that doesn't appear like it's
going to happen. It could, but we'll talk about that. So, you know, justice delayed, justice denied. Right. The second thing. And this is more of the you know sort of What is the most striking and shocking thing is that when Elena Kagan asks Trump's lawyer whether if a president had staged a coup against the United States while he was president in order to try to stay in office but then it was unsuccessful, could you, after he was
out of office prosecute him for that crime? And this answer that he gave came out in several different parts because other justices followed up, including KBJ and Barrett. His answer was, the only way that you could prosecute a formal president for having broken the law by staging a coup would be if first House impeached and the Senate convicted.
And wait, but there's more, so that that alone, and he said that that would probably Keke and said, well, do you consider that a private act or an official act? And he said, well, it depends on all the context,
but it might be an official act. Okay, with there's more, and then you get later Barrett and then KBJ, you know, and as as Trump's lawyer further aside, and on top of all of this, if you were able to prosecute him, because if it were considered a private act, you would need a stack that explicitly said, and this also applies to the president, not just anyone else. So you know, that was to me the most outrageous argument he made.
Now the most important the legal thing, which my friend Steve Vladdock pointed out, I think both in his tweets and privately, the most significant thing was that Barrett got Trump's lawyer to admit that some of the allegations in the Special Council's case. Remember this is involving the essentially coup attempt, that some of the allegations were definitely private,
not official acts. And doing that is the most significant thing because if that is the case, arguably the court could truncate this and say, Okay, we're going to you've admitted that some of them are, so we're going to allow the court to you know, she has jurissm. We know that she at least the judge at least has jurisdiction over something, so discovery can continue at least, and we can get the clock moving because she had thinks there's like two months left she thought of discovery and
then they're gonna this part. I think it's gonna happen no matter what. I think the court's gonna kick it back down to Chuckkin. I've always thought this would be the case and say it's up to her to decide which of the things she believes are our official which are private, and she'll probably say everything's private, and that
will be Unfortunately, there might be an interlocuatory appeal. But I think they're going to quickly affirm her at the DC Circuit and then I think Scotus will quickly affirm and you could actually have a trial before September.
That's what I saw. Yeah, I saw that was bart. Yeah, Barrett's line of questioning that led to that place because she said, because you're all you know, in referring to the Special Council Jack Smith, time is of the essence, correct, right? And I'm like, are you dumb? Do you have a calendar or two?
Like?
Yes, time and time is of the time is of the essence, Jen, We just have a couple of minutes left. But the last question that I have for you is, I know that you just taught your your last class before your students that have been listening to you your
lectures learning about the law. Has there been any like, what's a question that they have asked about, you know, how I guess, how has their understanding of the law changed from how they entered in into what we are seeing now about you know, why they wanted to be lawyers or judges or you know what have you.
So one of my classes is like a business organization course, and so that hasn't really touched on this, although those students are often interested in the stock price Trump's company and and so on. But in my other class, I have a semono called money Law and Power, and I
think that, you know, they're very interested. One of them, we haven't really talked that much about Donald Trump, but one of them brought up the question and a paper that she is writing whether Trump is a dictator similar to other powerful authoritarians, because we're looking at money, law and power, we look at you know, not just you know, oligarchy, but.
Also at dictatorships.
We're looking at all all kinds of amassing of power and wealth. And so, you know, I think there are people, really, I think there are people. I think the students, you know, this semester not as much, but last semester in my white collar crime class, I think they're absolutely shocked by the double standard that appears to apply to him versus any other even white collar criminal. Right, they already are already have it easy. But this guy, it's unbelievable, you know.
And I think I often say, you know, yeah, you might make this argument, but this isn't going to happen to your ordinary client.
You know, try that.
Don't try this at home, you know.
Like, but I mean that that and the fact that but they're setting up all of this precedent. Right, So if I if I am a white collar criminal, and you know, and I'm looking at the cake walk that's being given, then I'm going and I'm going into maybe similar jurisdictions or the same jurisdiction.
I'm saying, if you have the money to distall I mean, if you have the money to do this, and you also want to like run for some political office at the same time, you can say I'm running for city council and they're trying to ruin my chances. I mean, you know, look, I mean I don't defend, I don't do criminal defense, but I certainly, you know, would look at precedent and you try to be a full service lawyer, and I think I would I would advise you to run for office.
Oh shit, well we'll leave it on that today.
You're not right. I know you are.
That's why I'm like, God, damn, I'll leave it there today. My friend Jen Poud, thank you so much for making the time for wokf I really appreciate you. That is it for me today. Dear friends on wok f as always power to the people and to all the people. Power, get woke and stay woke as fuck.
