1 00:00:04,404 --> 00:00:08,342 ♪ ♪ 2 00:00:08,408 --> 00:00:11,845 ♪ ♪ 3 00:00:11,912 --> 00:00:15,849 ♪ ♪ 4 00:00:15,916 --> 00:00:19,353 ♪ ♪ 5 00:00:19,419 --> 00:00:21,355 ♪ ♪ 6 00:00:21,421 --> 00:00:24,858 ♪ ♪ 7 00:00:24,925 --> 00:00:29,363 ♪ ♪ 8 00:00:29,429 --> 00:00:32,366 [CHEERING AND APPLAUSE] 9 00:00:32,432 --> 00:00:32,966 >> JOHN: WELCOME TO LAST WEEK 10 00:00:33,033 --> 00:00:33,367 TONIGHT. 11 00:00:33,433 --> 00:00:34,368 I'M JOHN OLIVER. 12 00:00:34,434 --> 00:00:36,370 THANKS SO MUCH FOR JOINING US. 13 00:00:36,436 --> 00:00:37,371 IT'S BEEN A BUSY WEEK. 14 00:00:37,437 --> 00:00:39,373 THE POPE MET WITH MARCO RUBIO 15 00:00:39,439 --> 00:00:40,941 AMID ONGOING TENSION BETWEEN THE 16 00:00:41,008 --> 00:00:42,876 TRUMP ADMINISTRATION AND GOD. 17 00:00:42,943 --> 00:00:44,011 A JUDGE RELEASED THIS ALLEGED 18 00:00:44,077 --> 00:00:45,379 JEFFREY EPSTEIN SUICIDE NOTE. 19 00:00:45,445 --> 00:00:46,480 SHOWING PENMANSHIP'S STILL WORTH 20 00:00:46,547 --> 00:00:48,882 TEACHING IN SCHOOLS. 21 00:00:48,949 --> 00:00:49,383 AND AROUND THE COUNTRY, 22 00:00:49,449 --> 00:00:50,884 REPUBLICANS SCRAMBLED TO 23 00:00:50,951 --> 00:00:51,885 REDISTRICT IN THE WAKE OF THE 24 00:00:51,952 --> 00:00:52,886 SUPREME COURT'S VOTING RIGHTS 25 00:00:52,953 --> 00:00:53,887 ACT RULING. 26 00:00:53,954 --> 00:00:55,889 IN TENNESSEE, THEY CONVENED A 27 00:00:55,956 --> 00:00:56,890 SPECIAL SESSION TO CARVE UP THE 28 00:00:56,957 --> 00:00:57,891 STATE'S ONLY MAJORITY-BLACK 29 00:00:57,958 --> 00:01:04,965 DISTRICT. 30 00:01:06,967 --> 00:01:09,903 THEY CANNOT DRAW DISTRICTS BASED 31 00:01:09,970 --> 00:01:12,906 ON RACE WHICH LED TO THIS 32 00:01:12,973 --> 00:01:13,607 INCREDIBLE EXCHANGE BETWEEN ONE 33 00:01:13,674 --> 00:01:14,908 DEMOCRATIC STATE SENATOR AND THE 34 00:01:14,975 --> 00:01:15,909 BILL'S SPONSOR WHO WAS 35 00:01:15,976 --> 00:01:19,413 DESPERATELY TRYING TO PLAY DUMB. 36 00:01:19,479 --> 00:01:20,914 >> TO THE SPONSOR. 37 00:01:20,981 --> 00:01:22,849 ARE YOU AWARE THAT MEMPHIS IS 38 00:01:22,916 --> 00:01:23,483 PREDOMINATELY AFRICAN AMERICAN? 39 00:01:23,550 --> 00:01:24,051 >> SENATOR STEVENS RESPOND. 40 00:01:24,117 --> 00:01:24,585 >> THANK YOU MR. SPEAKER. 41 00:01:24,651 --> 00:01:27,920 I AM NOT. 42 00:01:27,988 --> 00:01:31,925 [LAUGHTER] 43 00:01:31,992 --> 00:01:33,426 >> SENATOR LAMAR. 44 00:01:33,493 --> 00:01:35,929 >> THANK YOU MR. SPEAKER. 45 00:01:35,996 --> 00:01:37,497 SO TO MY SPONSOR, WHO WENT TO 46 00:01:37,564 --> 00:01:38,432 LAW SCHOOL AT THE UNIVERSITY OF 47 00:01:38,497 --> 00:01:40,434 MEMPHIS AND LIVED THERE FOR 48 00:01:40,500 --> 00:01:41,435 THREE YEARS, YOU'RE TELLING ME 49 00:01:41,501 --> 00:01:42,936 YOU'RE NOT AWARE THAT MEMPHIS IS 50 00:01:43,003 --> 00:01:43,937 PREDOMINANTLY AFRICAN AMERICAN, 51 00:01:44,003 --> 00:01:45,439 AM I CORRECT? 52 00:01:45,505 --> 00:01:46,673 >> SENATOR LAMAR, HE'S ANSWERED 53 00:01:46,740 --> 00:01:47,941 THAT. 54 00:01:48,008 --> 00:01:49,443 NEXT QUESTION PLEASE. 55 00:01:49,509 --> 00:01:50,944 >> JOHN: NO, NO, NO! 56 00:01:51,011 --> 00:01:52,279 DON'T LET HIM MOVE ON TO THE 57 00:01:52,346 --> 00:01:54,381 NEXT QUESTION, UNLESS THE NEXT 58 00:01:54,448 --> 00:01:55,949 QUESTION IS, "TO THE SPONSOR: 59 00:01:56,015 --> 00:01:56,950 AND WHO DO YOU THINK ELVIS STOLE 60 00:01:57,017 --> 00:02:00,454 HIS MUSIC FROM, EXACTLY?" 61 00:02:00,520 --> 00:02:01,455 AND WHILE THERE'LL BE MUCH MORE 62 00:02:01,521 --> 00:02:02,956 TO SAY ABOUT THIS GOING FORWARD, 63 00:02:03,023 --> 00:02:04,091 WE'RE GOING TO TURN TO OUR 64 00:02:04,157 --> 00:02:06,827 ONGOING WAR WITH IRAN. 65 00:02:06,893 --> 00:02:07,961 TRUMP'S STILL CLAIMING HIS 66 00:02:08,027 --> 00:02:09,463 ACTIONS PREVENTED IRAN FROM 67 00:02:09,529 --> 00:02:10,464 GETTING A NUCLEAR WEAPON -- EVEN 68 00:02:10,530 --> 00:02:10,997 WHEN THE AUDIENCE FOR THAT 69 00:02:11,064 --> 00:02:14,468 MESSAGE IS NOT IDEAL. 70 00:02:14,534 --> 00:02:15,969 >> SO WE WOULD HAVE HAD IRAN -- 71 00:02:16,036 --> 00:02:18,605 AN IRAN WITH A NUCLEAR WEAPON 72 00:02:18,672 --> 00:02:19,473 AND MAYBE WE WOULDN'T ALL BE 73 00:02:19,539 --> 00:02:20,474 HERE RIGHT NOW. 74 00:02:20,540 --> 00:02:21,742 I CAN TELL YOU THE MIDDLE EAST 75 00:02:21,808 --> 00:02:22,476 WOULD HAVE BEEN GONE. 76 00:02:22,542 --> 00:02:23,977 ISRAEL WOULD HAVE BEEN GONE AND 77 00:02:24,044 --> 00:02:25,978 THEY WOULD HAVE TRAINED THEIR 78 00:02:26,046 --> 00:02:27,481 SIGHTS ON EUROPE FIRST AND THEN 79 00:02:27,547 --> 00:02:31,485 US BECAUSE THEY'RE SICK PEOPLE. 80 00:02:31,551 --> 00:02:32,986 >> WHAT THE FUCK ARE YOU DOING? 81 00:02:33,053 --> 00:02:40,060 YOU'RE SURROUNDED BY KIDS! 82 00:02:40,560 --> 00:02:41,495 THAT EVENT WAS PART OF TRUMP'S 83 00:02:41,561 --> 00:02:42,129 PUSH TO RESTORE THE PRESIDENTIAL 84 00:02:42,195 --> 00:02:42,996 FITNESS TEST IN SCHOOLS. 85 00:02:43,063 --> 00:02:43,563 YOU'RE SUPPOSED TO BE GIVING 86 00:02:43,630 --> 00:02:44,498 THEM NIGHTMARES ABOUT GYM CLASS, 87 00:02:44,564 --> 00:02:45,999 NOT NUCLEAR WAR! 88 00:02:46,066 --> 00:02:47,501 LAST WEEK MARKED 60 DAYS SINCE 89 00:02:47,567 --> 00:02:48,502 "OPERATION EPIC FURY" BEGAN -- 90 00:02:48,567 --> 00:02:50,037 AND THAT'S MEANINGFUL, GIVEN, BY 91 00:02:50,103 --> 00:02:51,004 LAW, WITHIN 60 DAYS OF INFORMING 92 00:02:51,071 --> 00:02:52,005 CONGRESS OF THE START OF A 93 00:02:52,072 --> 00:02:53,740 MILITARY CONFLICT, THE PRESIDENT 94 00:02:53,807 --> 00:02:58,512 MUST TERMINATE ANY USE OF THE 95 00:02:58,578 --> 00:02:59,546 U.S ARMED FORCES UNLESS CONGRESS 96 00:02:59,613 --> 00:03:00,113 HAS FORMALLY DECLARED WAR OR 97 00:03:00,180 --> 00:03:01,014 ENACTED A SPECIFIC AUTHORIZATION 98 00:03:01,081 --> 00:03:03,016 FOR THE USE OF THE MILITARY. 99 00:03:03,083 --> 00:03:04,017 NOW, THE ADMINISTRATION'S ARGUED 100 00:03:04,084 --> 00:03:05,018 THEY SIMPLY DON'T NEED TO COMPLY 101 00:03:05,085 --> 00:03:06,119 WITH THAT. 102 00:03:06,186 --> 00:03:07,020 AND ON TUESDAY, MARCO RUBIO MADE 103 00:03:07,087 --> 00:03:10,524 THIS BIG CLAIM. 104 00:03:10,590 --> 00:03:11,525 >> THE OPERATION EPIC FURY IS 105 00:03:11,591 --> 00:03:12,526 CONCLUDED. 106 00:03:12,592 --> 00:03:13,527 WE ACHIEVED THE OBJECTIVES OF 107 00:03:13,593 --> 00:03:15,028 THAT OPERATION. 108 00:03:15,095 --> 00:03:17,130 I'M NOT GOING TO, YOU KNOW, 109 00:03:17,197 --> 00:03:19,533 WE'RE NOT CHEERING FOR AN 110 00:03:19,599 --> 00:03:20,133 ADDITIONAL SITUATION TO OCCUR. 111 00:03:20,200 --> 00:03:21,034 WE WOULD PREFER THE PATH OF 112 00:03:21,101 --> 00:03:22,035 PEACE. 113 00:03:22,102 --> 00:03:24,037 BUT LOOK, THE MESSAGE TO IRAN: 114 00:03:24,103 --> 00:03:25,639 THESE GUYS ARE FACING -- THEY 115 00:03:25,706 --> 00:03:27,541 ARE FACING REAL CATASTROPHIC 116 00:03:27,607 --> 00:03:29,209 DESTRUCTION TO THEIR ECONOMY. 117 00:03:29,276 --> 00:03:30,110 GENERATIONAL DESTRUCTION TO 118 00:03:30,177 --> 00:03:31,545 THEIR ECONOMY. 119 00:03:31,611 --> 00:03:33,046 GENERATIONAL DESTRUCTION TO THE 120 00:03:33,113 --> 00:03:33,680 WEALTH OF THEIR COUNTRY IMPOSED 121 00:03:33,747 --> 00:03:34,548 ON THEMSELVES BY THE ACTIONS 122 00:03:34,614 --> 00:03:35,549 THAT THEY'RE TAKING. 123 00:03:35,615 --> 00:03:36,550 THEY SHOULD CHECK THEMSELVES 124 00:03:36,616 --> 00:03:37,551 BEFORE THEY WRECK THEMSELVES IN 125 00:03:37,617 --> 00:03:38,452 THE DIRECTION THAT THEY'RE 126 00:03:38,518 --> 00:03:40,053 GOING. 127 00:03:40,120 --> 00:03:42,055 >> JOHN: YEAH, MARCO RUBIO 128 00:03:42,122 --> 00:03:43,055 DECLARED EPIC FURY WAS OVER, 129 00:03:43,123 --> 00:03:44,558 BEFORE SENDING A MESSAGE TO 130 00:03:44,624 --> 00:03:45,058 IRAN'S LEADERSHIP IN THE 131 00:03:45,125 --> 00:03:47,561 WEIRDEST POSSIBLE WAY. 132 00:03:47,627 --> 00:03:49,563 BECAUSE IF THERE'S ONE GROUP OF 133 00:03:49,629 --> 00:03:51,064 PEOPLE WHO'LL IDENTIFY WITH 134 00:03:51,131 --> 00:03:53,066 LYRICS FROM A '90S ICE CUBE 135 00:03:53,133 --> 00:03:54,567 SONG, IT'S DEFINITELY 136 00:03:54,634 --> 00:03:56,570 FUNDAMENTALIST ISLAMIC CLERICS. 137 00:03:56,636 --> 00:03:57,637 THEY LOVE DECADES-OLD HIP HOP 138 00:03:57,704 --> 00:03:59,573 REFERENCES. 139 00:03:59,639 --> 00:04:01,575 BEFORE HIS ASSASSINATION, 140 00:04:01,641 --> 00:04:02,576 AYATOLLAH KHAMENEI WOULD 141 00:04:02,642 --> 00:04:04,077 FAMOUSLY WALK THE STREETS OF 142 00:04:04,144 --> 00:04:05,078 TEHRAN WEARING HIS FAVORITE "RUN 143 00:04:05,145 --> 00:04:07,581 DMC" SHIRT. 144 00:04:07,647 --> 00:04:08,582 SO THE ADMINISTRATION SEEMED TO 145 00:04:08,648 --> 00:04:09,583 BE ANNOUNCING THE END OF THIS 146 00:04:09,649 --> 00:04:11,084 CONFLICT. 147 00:04:11,151 --> 00:04:13,086 BUT THE VERY NEXT DAY TRUMP 148 00:04:13,153 --> 00:04:14,588 POSTED, "ASSUMING IRAN AGREES TO 149 00:04:14,654 --> 00:04:15,589 GIVE WHAT HAS BEEN AGREED TO, 150 00:04:15,655 --> 00:04:17,089 WHICH IS, PERHAPS, A BIG 151 00:04:17,156 --> 00:04:18,091 ASSUMPTION, THE ALREADY 152 00:04:18,158 --> 00:04:19,091 LEGENDARY EPIC FURY WILL BE AT 153 00:04:19,159 --> 00:04:20,594 AN END, AND THE HIGHLY EFFECTIVE 154 00:04:20,660 --> 00:04:22,462 BLOCKADE WILL ALLOW THE HORMUZ 155 00:04:22,529 --> 00:04:22,996 STRAIT TO BE OPEN TO ALL, 156 00:04:23,063 --> 00:04:23,597 INCLUDING IRAN. 157 00:04:23,663 --> 00:04:24,598 IF THEY DON'T AGREE, THE BOMBING 158 00:04:24,664 --> 00:04:26,233 STARTS." 159 00:04:26,299 --> 00:04:27,100 WHICH ISN'T GREAT. 160 00:04:27,167 --> 00:04:28,101 AND WHILE IT'S NOT THE MOST 161 00:04:28,168 --> 00:04:30,103 IMPORTANT PART, "ASSUMING IRAN 162 00:04:30,170 --> 00:04:32,105 AGREES TO GIVE WHAT HAS BEEN 163 00:04:32,172 --> 00:04:39,179 AGREED TO" IS AN INSANE PHRASE. 164 00:04:42,182 --> 00:04:42,716 I USUALLY CAN'T STAND A-I, BUT 165 00:04:42,783 --> 00:04:43,617 IN TRUMP'S CASE, IT MIGHT NOT 166 00:04:43,683 --> 00:04:44,217 HURT IF HE OCCASIONALLY ASKED 167 00:04:44,284 --> 00:04:45,218 CHAT GPT, "CAN YOU REPHRASE THIS 168 00:04:45,284 --> 00:04:46,119 SO IT DOESN'T SOUND LIKE AN 169 00:04:46,186 --> 00:04:46,686 EARLIER VERSION OF YOU WROTE 170 00:04:46,753 --> 00:04:47,621 IT?" 171 00:04:47,687 --> 00:04:48,255 AND, IN THE MIDST OF TRYING TO 172 00:04:48,321 --> 00:04:49,122 FIGURE OUT WHETHER WE CAN REFER 173 00:04:49,189 --> 00:04:50,123 TO OPERATION EPIC FURY IN THE 174 00:04:50,190 --> 00:04:51,124 PAST OR PRESENT TENSE, WE WERE 175 00:04:51,191 --> 00:04:53,126 SUDDENLY DEALING WITH A WHOLE 176 00:04:53,193 --> 00:04:54,628 "NEW" OPERATION THIS WEEK. 177 00:04:54,694 --> 00:04:56,129 >> PRESIDENT TRUMP HAS DIRECTED 178 00:04:56,196 --> 00:04:58,131 US CENTRAL COMMAND TO RESTART 179 00:04:58,198 --> 00:04:59,633 THE FREE FLOW OF COMMERCE 180 00:04:59,699 --> 00:05:02,135 THROUGH THE STRAIT OF HORMUZ 181 00:05:02,202 --> 00:05:02,736 UNDER THE UMBRELLA OF PROJECT 182 00:05:02,803 --> 00:05:04,137 FREEDOM. 183 00:05:04,204 --> 00:05:06,673 TO BE CLEAR, THIS OPERATION IS 184 00:05:06,740 --> 00:05:08,141 SEPARATE AND DISTINCT FROM 185 00:05:08,208 --> 00:05:11,144 OPERATION EPIC FURY. 186 00:05:11,211 --> 00:05:12,712 >> JOHN: YEAH, WE'RE NOW 187 00:05:12,779 --> 00:05:13,814 INVOLVED WITH "PROJECT FREEDOM", 188 00:05:13,880 --> 00:05:15,649 TOO! 189 00:05:15,715 --> 00:05:21,655 WHICH IS LEGALLY DISTINCT FROM 190 00:05:21,721 --> 00:05:22,155 OPERATION EPIC FURY. 191 00:05:22,222 --> 00:05:22,789 Y'KNOW, MUCH LIKE THIS HALLOWEEN 192 00:05:22,856 --> 00:05:23,657 COSTUME CALLED "KIDS CHOCOLATE 193 00:05:23,723 --> 00:05:24,224 FACTORY WORKER COSTUME" IS 194 00:05:24,291 --> 00:05:24,825 LEGALLY DISTINCT FROM ANY 195 00:05:24,891 --> 00:05:26,159 ASSOCIATION WITH OOMPA LOOMPAS, 196 00:05:26,226 --> 00:05:27,160 WHILE LOOKING VERY MUCH LIKE THE 197 00:05:27,227 --> 00:05:29,296 SAME THING. 198 00:05:29,362 --> 00:05:30,163 THE AIM OF "PROJECT FREEDOM" WAS 199 00:05:30,230 --> 00:05:31,164 TO REOPEN THE STRAIT OF HORMUZ 200 00:05:31,231 --> 00:05:32,165 BY HAVING THE US MILITARY 201 00:05:32,232 --> 00:05:33,667 ESSENTIALLY GUIDE COMMERCIAL 202 00:05:33,733 --> 00:05:34,301 SHIPS THROUGH BY -- AMONG OTHER 203 00:05:34,367 --> 00:05:36,670 THINGS -- LOCATING MINES AND 204 00:05:36,736 --> 00:05:37,270 PASSING ALONG THAT INFORMATION 205 00:05:37,337 --> 00:05:42,676 TO THE SHIPS. 206 00:05:42,742 --> 00:05:43,310 BUT AFTER JUST A DAY -- AND ONLY 207 00:05:43,376 --> 00:05:44,177 TWO SHIPS MAKING IT THROUGH OUT 208 00:05:44,244 --> 00:05:45,178 OF THE OVER 1,600 WHO WERE 209 00:05:45,245 --> 00:05:45,846 WAITING -- TRUMP SUDDENLY 210 00:05:45,912 --> 00:05:46,479 REVERSED COURSE, LEADING TO THE 211 00:05:46,546 --> 00:05:47,681 EXCELLENT HEADLINE: "TRUMP 212 00:05:47,747 --> 00:05:48,215 ANNOUNCES PAUSE ON PROJECT 213 00:05:48,281 --> 00:05:54,688 FREEDOM." 214 00:05:54,754 --> 00:05:55,288 WHICH IS, IF NOTHING ELSE, ON 215 00:05:55,355 --> 00:05:56,189 THE FUCKING NOSE. 216 00:05:56,256 --> 00:05:57,190 BUT I ACTUALLY WANT TO FOCUS ON 217 00:05:57,257 --> 00:05:57,957 A SMALL MOMENT, FROM HEGSETH'S 218 00:05:58,024 --> 00:05:59,192 PRESS CONFERENCE. 219 00:05:59,259 --> 00:06:00,460 BECAUSE HE AND THE CHAIRMAN OF 220 00:06:00,527 --> 00:06:01,027 THE JOINT CHIEFS WERE ASKED 221 00:06:01,094 --> 00:06:01,828 ABOUT SOME OF THE WEAPONS 222 00:06:01,895 --> 00:06:03,697 POTENTIALLY AT IRAN'S DISPOSAL. 223 00:06:03,763 --> 00:06:05,198 AND ONE WAS PRETTY STRIKING. 224 00:06:05,265 --> 00:06:06,700 >> ARE THERE STILL CONCERNS 225 00:06:06,766 --> 00:06:08,702 ABOUT MINES IN THE STRAIT AND 226 00:06:08,768 --> 00:06:10,804 CAN YOU KIND OF CLARIFY THESE 227 00:06:10,871 --> 00:06:12,205 REPORTS OF KAMIKAZE DOLPHINS 228 00:06:12,272 --> 00:06:15,208 THAT WE'VE HEARD ABOUT? 229 00:06:15,275 --> 00:06:17,711 >> YEAH, YOU HEARD RIGHT. 230 00:06:17,777 --> 00:06:18,378 SHE JUST SAID, "KAMIKAZE 231 00:06:18,445 --> 00:06:19,713 DOLPHINS." 232 00:06:19,779 --> 00:06:20,714 THAT SOUNDS LESS LIKE A REAL 233 00:06:20,780 --> 00:06:21,715 THING AND MORE LIKE SOMETHING 234 00:06:21,781 --> 00:06:22,716 ALEX JONES WOULD MUTTER IN HIS 235 00:06:22,782 --> 00:06:25,719 SLEEP, OR MAYBE THE NAME OF A 236 00:06:25,785 --> 00:06:26,720 BAR TRIVIA TEAM FULL OF AQUARIUM 237 00:06:26,786 --> 00:06:28,922 ADULTS. 238 00:06:28,989 --> 00:06:29,990 BUT INCREDIBLY, THE WALL STREET 239 00:06:30,056 --> 00:06:31,224 JOURNAL DID REPORT LAST WEEK 240 00:06:31,291 --> 00:06:32,592 THAT IRANIAN LEADERS WERE 241 00:06:32,659 --> 00:06:33,727 CONSIDERING DEPLOYING 242 00:06:33,793 --> 00:06:36,730 "PREVIOUSLY UNUSED WEAPONS TO 243 00:06:36,796 --> 00:06:37,230 ATTACK U.S. WARSHIPS," 244 00:06:37,297 --> 00:06:37,998 INCLUDING "MINE-CARRYING 245 00:06:38,064 --> 00:06:38,732 DOLPHINS." 246 00:06:38,798 --> 00:06:39,299 AND AT THIS POINT, I'M JUST 247 00:06:39,366 --> 00:06:40,233 GOING TO PAUSE. 248 00:06:40,300 --> 00:06:41,301 BECAUSE THAT CLAIM PROMPTED US 249 00:06:41,368 --> 00:06:43,737 TO DO A BIT OF A DEEP DIVE, PUN 250 00:06:43,803 --> 00:06:45,739 VERY MUCH INTENDED, AND 251 00:06:45,805 --> 00:06:46,339 APPARENTLY, MILITARY DOLPHINS 252 00:06:46,406 --> 00:06:46,773 ARE AN ACTUAL THING. 253 00:06:46,840 --> 00:06:47,741 IN FACT, SINCE 1959, THE U.S. 254 00:06:47,807 --> 00:06:48,742 NAVY HAS TRAINED DOLPHINS AND 255 00:06:48,808 --> 00:06:50,243 SEA LIONS TO HELP GUARD AGAINST 256 00:06:50,310 --> 00:06:51,745 THREATS UNDERWATER. 257 00:06:51,811 --> 00:06:53,446 EARLY EXPERIMENTS REPORTEDLY 258 00:06:53,513 --> 00:06:54,347 TESTED MORE THAN A DOZEN 259 00:06:54,414 --> 00:06:55,248 SPECIES, INCLUDING SHARKS, RAYS, 260 00:06:55,315 --> 00:06:56,249 AND SEA TURTLES, BEFORE THE 261 00:06:56,316 --> 00:06:58,251 PROGRAM SETTLED ON DOLPHINS. 262 00:06:58,318 --> 00:07:00,253 BUT I COULD HAVE TOLD YOU FROM 263 00:07:00,320 --> 00:07:01,254 THE JUMP DOLPHINS WOULD BE THE 264 00:07:01,321 --> 00:07:02,756 STANDOUT THERE. 265 00:07:02,822 --> 00:07:03,823 TURTLES TOO SLOW, SHARKS TOO 266 00:07:03,890 --> 00:07:05,258 STUPID, RAYS TOO DIFFICULT TO 267 00:07:05,325 --> 00:07:06,259 TAKE SERIOUSLY ONCE YOU SEE 268 00:07:06,326 --> 00:07:07,260 THEIR MOUTHS. 269 00:07:07,327 --> 00:07:09,763 LOOK AT THIS IDIOT. 270 00:07:09,829 --> 00:07:11,264 THAT ISN'T A WARRIOR. 271 00:07:11,331 --> 00:07:12,165 THAT'S NATURE'S MOST SLIPPERY 272 00:07:12,232 --> 00:07:14,768 DWEEB. 273 00:07:14,834 --> 00:07:15,769 DOLPHINS ARE APPARENTLY USED BY 274 00:07:15,835 --> 00:07:16,303 THE MILITARY BECAUSE THEY 275 00:07:16,369 --> 00:07:17,270 NATURALLY POSSESS THE MOST 276 00:07:17,337 --> 00:07:18,438 SOPHISTICATED SONAR KNOWN TO 277 00:07:18,505 --> 00:07:19,272 SCIENCE, WITH TECHNOLOGY BEING 278 00:07:19,339 --> 00:07:20,774 NO MATCH FOR THEM. 279 00:07:20,840 --> 00:07:21,775 AND IT TURNS OUT, THEY'RE GOOD 280 00:07:21,841 --> 00:07:23,777 AT A LOT OF THINGS. 281 00:07:23,843 --> 00:07:25,278 >> WE TRAIN NAVY ANIMALS TO DO 282 00:07:25,345 --> 00:07:25,779 SIMPLE THINGS UNDER 283 00:07:25,845 --> 00:07:27,781 EXTRAORDINARY CICUMSTANCES. 284 00:07:27,847 --> 00:07:30,784 FOR THEM, DETECTING ENEMY DIVERS 285 00:07:30,850 --> 00:07:32,284 AND SWIMMERS OR UUVS OR ENEMY 286 00:07:32,352 --> 00:07:33,787 MINES... 287 00:07:33,853 --> 00:07:35,288 FINDING THE TARGET IS EASY, THE 288 00:07:35,355 --> 00:07:36,790 ANIMALS ARE NATURAL HUNTERS, WE 289 00:07:36,856 --> 00:07:37,924 JUST CHANGE WHAT THEY'RE HUNTING 290 00:07:37,991 --> 00:07:38,792 FOR. 291 00:07:38,858 --> 00:07:39,793 >> JOHN: YEAH, DOLPHINS ARE 292 00:07:39,859 --> 00:07:40,894 NATURAL HUNTERS, BUT DON'T 293 00:07:40,961 --> 00:07:43,296 NATURALLY HUNT FOR EXPLOSIVES. 294 00:07:43,363 --> 00:07:44,798 TYPICALLY THEY HUNT FOR MACKEREL 295 00:07:44,864 --> 00:07:46,166 OR SQUID OR A SCIENTIST WHO'LL 296 00:07:46,232 --> 00:07:46,800 JERK THEM OFF. 297 00:07:46,866 --> 00:07:47,801 I DON'T HAVE TIME TO GET INTO IT 298 00:07:47,867 --> 00:07:48,802 RIGHT NOW, JUST GOOGLE IT 299 00:07:48,868 --> 00:07:50,303 YOURSELVES. 300 00:07:50,370 --> 00:07:51,304 BUT ACCORDING TO ONE EXPERT -- 301 00:07:51,371 --> 00:07:52,806 ACTUALLY, YOU KNOW WHAT? 302 00:07:52,872 --> 00:07:54,808 I'LL JUST TELL YOU QUICKLY. 303 00:07:54,874 --> 00:07:56,009 IN THE 1960S, THIS WOMAN, 304 00:07:56,076 --> 00:07:56,810 MARGARET LOVATT, TRIED TO TEACH 305 00:07:56,876 --> 00:07:57,811 A DOLPHIN TO SPEAK ENGLISH, AND 306 00:07:57,877 --> 00:07:58,812 THOUGHT THE BEST WAY TO DO THAT 307 00:07:58,878 --> 00:08:00,313 WAS TO LIVE WITH A DOLPHIN 24 308 00:08:00,380 --> 00:08:01,781 HOURS A DAY, BUT HER LESSONS 309 00:08:01,848 --> 00:08:02,349 KEPT GETTING DERAILED BY THE 310 00:08:02,415 --> 00:08:03,817 DOLPHIN'S SEXUAL URGES, AND HER 311 00:08:03,883 --> 00:08:04,818 SOLUTION TO THAT PROBLEM WAS TO 312 00:08:04,884 --> 00:08:07,821 RELIEVE THOSE URGES FOR HIM. 313 00:08:07,887 --> 00:08:08,822 LONG STORY SHORT, THE DOLPHIN 314 00:08:08,888 --> 00:08:10,323 NEVER LEARNED TO SPEAK ENGLISH, 315 00:08:10,390 --> 00:08:11,324 AND WAS SENT TO LIVE IN AN 316 00:08:11,391 --> 00:08:12,826 ABANDONED BANK IN MIAMI. 317 00:08:12,892 --> 00:08:14,327 AND I'LL BE HONEST WITH YOU, IF 318 00:08:14,394 --> 00:08:15,328 THAT DOLPHIN DIDN'T LEARN TO 319 00:08:15,395 --> 00:08:16,329 SPEAK ENGLISH, I'M NOT SURE IT 320 00:08:16,396 --> 00:08:18,331 CAN BE DONE. 321 00:08:18,398 --> 00:08:19,332 BUT AGAIN, WE DON'T HAVE TIME. 322 00:08:19,399 --> 00:08:20,834 THE POINT IS, THERE ARE MILITARY 323 00:08:20,900 --> 00:08:21,835 DOLPHINS. 324 00:08:21,901 --> 00:08:22,836 AND OVER THE YEARS, WE'VE PUT 325 00:08:22,902 --> 00:08:23,837 THEM TO WORK. 326 00:08:23,903 --> 00:08:25,605 WE BROUGHT A TEAM OF FIVE 327 00:08:25,672 --> 00:08:26,840 DOLPHINS TO VIETNAM "TO GUARD AN 328 00:08:26,906 --> 00:08:28,341 AMMUNITION PIER", BECAUSE THAT 329 00:08:28,408 --> 00:08:28,942 WAR DIDN'T HAVE "ENOUGH" GOING 330 00:08:29,009 --> 00:08:30,844 ON. 331 00:08:30,910 --> 00:08:31,945 IN THE RUNUP TO THE FIRST GULF 332 00:08:32,011 --> 00:08:32,846 WAR, A TEAM OF SIX DOLPHINS 333 00:08:32,912 --> 00:08:34,347 "PATROLLED THE HARBOR IN BAHRAIN 334 00:08:34,414 --> 00:08:35,347 AND ESCORTED KUWAITI OIL TANKERS 335 00:08:35,414 --> 00:08:35,881 THROUGH DANGEROUS WATERS." 336 00:08:35,948 --> 00:08:37,650 AND DURING THE IRAQ WAR, A TEAM 337 00:08:37,717 --> 00:08:38,351 OF DOLPHINS "HELPED DISARM MORE 338 00:08:38,418 --> 00:08:39,852 THAN 100 ANTI-SHIP MINES AND 339 00:08:39,919 --> 00:08:41,354 UNDERWATER BOOBY TRAPS" PLANTED 340 00:08:41,421 --> 00:08:42,856 BY SADDAM'S FORCES. 341 00:08:42,922 --> 00:08:44,858 MEANING, DOLPHINS HAVE 342 00:08:44,924 --> 00:08:45,959 OBJECTIVELY DONE MORE FRONT LINE 343 00:08:46,026 --> 00:08:47,360 MILITARY SERVICE THAN ANYONE 344 00:08:47,427 --> 00:08:54,434 WITH THE LAST NAME TRUMP. 345 00:08:55,435 --> 00:08:55,869 NOW, THE U.S. NAVY'S 346 00:08:55,935 --> 00:08:56,870 CONSISTENTLY MAINTAINED IT ONLY 347 00:08:56,936 --> 00:08:57,437 USES DOLPHINS FOR DEFENSIVE 348 00:08:57,504 --> 00:08:58,371 PURPOSES, AND NOT TO ATTACK THE 349 00:08:58,438 --> 00:08:58,938 ENEMY -- POINTING OUT THAT, 350 00:08:59,005 --> 00:09:00,874 "SINCE DOLPHINS CANNOT DISCERN 351 00:09:00,940 --> 00:09:01,508 THE DIFFERENCE BETWEEN ENEMY AND 352 00:09:01,574 --> 00:09:02,108 FRIENDLY VESSELS, IT WOULD NOT 353 00:09:02,175 --> 00:09:02,876 BE WISE TO GIVE THAT KIND OF 354 00:09:02,942 --> 00:09:04,444 DECISION AUTHORITY TO AN 355 00:09:04,511 --> 00:09:05,879 ANIMAL." 356 00:09:05,945 --> 00:09:06,880 IT'S ALSO CLAIMED THAT RUMORS TO 357 00:09:06,946 --> 00:09:08,882 THE CONTRARY ARISE FROM MEDIA 358 00:09:08,948 --> 00:09:09,516 SPECULATION, THANKS IN PART TO A 359 00:09:09,582 --> 00:09:11,384 POPULAR MOVIE IN 1973 WHICH 360 00:09:11,451 --> 00:09:13,386 REINFORCED THOSE IDEAS. 361 00:09:13,453 --> 00:09:15,388 SPECIFICALLY, THEY'RE TALKING 362 00:09:15,455 --> 00:09:18,892 ABOUT THIS MOVIE: 363 00:09:18,958 --> 00:09:20,894 >> UNWITTINGLY, HE HAD TRAINED A 364 00:09:20,960 --> 00:09:22,896 DOLPHIN TO KILL THE PRESIDENT OF 365 00:09:22,962 --> 00:09:28,902 THE UNITED STATES." 366 00:09:28,968 --> 00:09:29,402 >> CAN YOU FIND BEA? 367 00:09:29,469 --> 00:09:32,906 >> [DOLPHIN NOISES] 368 00:09:32,972 --> 00:09:33,540 >> THE THING ON BEA'S BACK WILL 369 00:09:33,606 --> 00:09:36,409 HURT MAN. 370 00:09:36,476 --> 00:09:36,910 >> [DOLPHIN NOISES] 371 00:09:36,976 --> 00:09:39,913 >> FA, STOP BEA NOW. 372 00:09:39,979 --> 00:09:43,415 >> [DOLPHIN NOISES] 373 00:09:43,483 --> 00:09:43,983 >> GEORGE C SCOTT IN A MIKE 374 00:09:44,050 --> 00:09:45,418 NICHOLS FILM. 375 00:09:45,485 --> 00:09:52,492 "THE DAY OF THE DOLPHIN." 376 00:10:02,502 --> 00:10:03,069 >> JOHN: YES, YES, YES, FOR THE 377 00:10:03,136 --> 00:10:03,937 RECORD, "UNWITTINGLY, HE HAD 378 00:10:04,003 --> 00:10:04,537 TRAINED A DOLPHIN TO KILL THE 379 00:10:04,604 --> 00:10:05,205 PRESIDENT OF THE UNITED STATES" 380 00:10:05,271 --> 00:10:05,839 IS, FROM THE BOTTOM OF MY HEART, 381 00:10:05,905 --> 00:10:06,873 THE FUNNIEST SENTENCE IN 382 00:10:06,940 --> 00:10:07,440 HISTORY. 383 00:10:07,507 --> 00:10:08,942 IT'S SUCH A PERFECTLY DIRECT 384 00:10:09,008 --> 00:10:09,943 SUMMARY OF THE PLOT, THEY EVEN 385 00:10:10,009 --> 00:10:11,444 PUT IT ON THE ACTUAL POSTER FOR 386 00:10:11,511 --> 00:10:13,947 THIS ACTUAL MOVIE. 387 00:10:14,013 --> 00:10:14,948 THAT WAS, AGAIN, DIRECTED BY 388 00:10:15,014 --> 00:10:15,949 MIKE NICHOLS. 389 00:10:16,015 --> 00:10:17,951 YOU KNOW, OF "THE GRADUATE", 390 00:10:18,017 --> 00:10:18,618 "WHO'S AFRAID OF VIRGINIA 391 00:10:18,685 --> 00:10:19,452 WOOLF," AND "THE DAY OF THE 392 00:10:19,519 --> 00:10:21,955 DOLPHIN." 393 00:10:22,021 --> 00:10:23,456 A FEW FUN FACTS: MIKE NICHOLS 394 00:10:23,523 --> 00:10:25,058 APPARENTLY REFERRED TO THIS FILM 395 00:10:25,125 --> 00:10:25,959 AS "THE FISH MOVIE", AND HAD A 396 00:10:26,025 --> 00:10:26,960 HARD TIME DURING ITS PRODUCTION, 397 00:10:27,026 --> 00:10:29,062 AS "INNUMERABLE DELAYS WERE 398 00:10:29,129 --> 00:10:29,963 CAUSED BY THE DOLPHINS, WHO 399 00:10:30,029 --> 00:10:30,964 TENDED TO MAKE A GAME OUT OF 400 00:10:31,030 --> 00:10:31,965 REARRANGING THE UNDERWATER 401 00:10:32,031 --> 00:10:32,565 LIGHTS ONCE THEY HAD BEEN SET 402 00:10:32,632 --> 00:10:33,967 UP". 403 00:10:34,033 --> 00:10:34,968 BECAUSE OF COURSE THEY DID. 404 00:10:35,034 --> 00:10:36,469 WELL DONE DOLPHINS. 405 00:10:36,536 --> 00:10:37,704 ACCORDING TO THE SCREENWRITER, 406 00:10:37,770 --> 00:10:38,471 ON THE LAST DAY OF THE SHOOT, 407 00:10:38,538 --> 00:10:39,973 THEY APPARENTLY DID THREE TAKES 408 00:10:40,039 --> 00:10:41,474 OF THE DOLPHINS SWIMMING OFF, 409 00:10:41,540 --> 00:10:42,475 AND "AFTER TAKE THREE, THEY 410 00:10:42,542 --> 00:10:43,977 NEVER CAME BACK." 411 00:10:44,043 --> 00:10:45,478 AGAIN, WELL DONE, DOLPHINS! 412 00:10:45,545 --> 00:10:46,679 AND FINALLY, NICHOLS REPEATEDLY 413 00:10:46,746 --> 00:10:47,981 CLAIMED HE MADE THE MOVIE "AS A 414 00:10:48,047 --> 00:10:50,984 FAVOR TO ROMAN POLANSKI." 415 00:10:51,050 --> 00:10:52,485 JUST IN CASE YOU THOUGHT THE 416 00:10:52,552 --> 00:10:59,559 MOVIE COULDN'T GET ANY WEIRDER. 417 00:10:59,559 --> 00:11:00,493 NOW, AT THIS POINT, YOU MIGHT 418 00:11:00,560 --> 00:11:01,060 UNDERSTANDABLY BE WONDERING: 419 00:11:01,127 --> 00:11:01,995 "WAIT, IF DOLPHINS DON'T CARRY 420 00:11:02,061 --> 00:11:02,996 MINES TO ENEMY SHIPS, THEN WHY'S 421 00:11:03,062 --> 00:11:03,997 THE U-S GOVERNMENT BEING ASKED 422 00:11:04,063 --> 00:11:04,497 ABOUT IRANIAN KAMIKAZE 423 00:11:04,564 --> 00:11:05,498 DOLPHINS?" 424 00:11:05,565 --> 00:11:07,000 GOOD QUESTION. 425 00:11:07,066 --> 00:11:08,234 WELL, THE U-S NAVY INSISTS THAT 426 00:11:08,301 --> 00:11:08,835 "WE" DON'T USE DOLPHINS TO DO 427 00:11:08,902 --> 00:11:09,502 THAT. 428 00:11:09,569 --> 00:11:10,103 BUT OTHER COUNTRIES APPARENTLY 429 00:11:10,170 --> 00:11:17,010 "HAVE" TRAINED THEM TO ATTACK. 430 00:11:17,076 --> 00:11:18,011 THE SOVIET UNION'S NAVY 431 00:11:18,077 --> 00:11:18,578 REPORTEDLY DEVELOPED ITS OWN 432 00:11:18,645 --> 00:11:19,512 MARINE MAMMAL PROGRAM, AS PART 433 00:11:19,579 --> 00:11:20,113 OF WHICH, "DOLPHINS AND OTHER 434 00:11:20,180 --> 00:11:21,014 AQUATIC MAMMALS WERE TRAINED BY 435 00:11:21,080 --> 00:11:21,648 RUSSIAN EXPERTS TO ATTACK 436 00:11:21,714 --> 00:11:22,515 WARSHIPS AND ENEMY FROGMEN." 437 00:11:22,582 --> 00:11:24,284 NOW, AFTER THE DISSOLUTION OF 438 00:11:24,350 --> 00:11:25,018 THE USSR, THE PROGRAM "FELL INTO 439 00:11:25,084 --> 00:11:26,519 NEGLECT IN THE 1990S," AND "WHEN 440 00:11:26,586 --> 00:11:28,021 FUNDING FOR THE PROJECT CEASED, 441 00:11:28,087 --> 00:11:29,022 MANY WERE MOVED TO A PRIVATE 442 00:11:29,088 --> 00:11:30,523 DOLPHINARIUM TO PERFORM FOR 443 00:11:30,590 --> 00:11:33,026 TOURISTS" IN UKRAINE. 444 00:11:33,092 --> 00:11:34,027 EVENTUALLY, THE TOURIST TRADE 445 00:11:34,093 --> 00:11:35,028 DRIED UP, AND SADLY, THEIR 446 00:11:35,094 --> 00:11:37,530 TRAINER WAS THEN FORCED TO SELL 447 00:11:37,597 --> 00:11:39,032 THESE MILITARY-TRAINED KILLER 448 00:11:39,098 --> 00:11:40,934 DOLPHINS, LEADING TO THE 449 00:11:41,000 --> 00:11:41,534 IMMORTAL HEADLINE: "IRAN BUYS 450 00:11:41,601 --> 00:11:44,537 KAMIKAZE DOLPHINS." 451 00:11:44,604 --> 00:11:45,538 NOW, ADMITTEDLY, THAT WAS 26 452 00:11:45,605 --> 00:11:46,539 YEARS AGO, AND SOME REPORTS HAVE 453 00:11:46,606 --> 00:11:48,540 SPECULATED THAT THOSE PARTICULAR 454 00:11:48,608 --> 00:11:50,043 DOLPHINS WOULD NOW BE "TOO OLD" 455 00:11:50,109 --> 00:11:51,044 FOR IRAN TO USE IN THE STRAIT OF 456 00:11:51,110 --> 00:11:52,045 HORMUZ. 457 00:11:52,111 --> 00:11:54,581 WHICH IS A BIT RUDE. 458 00:11:54,647 --> 00:11:56,049 BUT EVEN IF TRUE, IRAN MAY'VE 459 00:11:56,115 --> 00:11:57,050 GOTTEN NEW DOLPHINS FROM RUSSIA 460 00:11:57,116 --> 00:11:58,051 SINCE THEN, GIVEN IT'S 461 00:11:58,117 --> 00:12:00,553 REPORTEDLY REVIVED ITS KILLER 462 00:12:00,620 --> 00:12:00,920 DOLPHIN PROGRAM. 463 00:12:00,987 --> 00:12:02,155 OH, AND ONE MORE THING: A FEW 464 00:12:02,222 --> 00:12:03,556 YEARS AGO, HAMAS APPARENTLY 465 00:12:03,623 --> 00:12:06,559 CLAIMED ISRAEL HAD A DOLPHIN 466 00:12:06,626 --> 00:12:08,561 WEAPONS PROGRAM TOO -- LEADING 467 00:12:08,628 --> 00:12:10,063 TO THE HEADLINE IN THE JERUSALEM 468 00:12:10,129 --> 00:12:11,564 POST: "KILLER ZIONIST DOLPHINS? 469 00:12:11,631 --> 00:12:15,068 HAMAS CLAIMS THEY EXIST." 470 00:12:15,134 --> 00:12:16,069 AND THAT HEADLINE'S A MINEFIELD 471 00:12:16,135 --> 00:12:18,071 EVEN THE BEST TRAINED MILITARY 472 00:12:18,137 --> 00:12:24,577 DOLPHIN COULDN'T NAVIGATE. 473 00:12:24,644 --> 00:12:25,078 ANYWAY. 474 00:12:25,144 --> 00:12:25,778 I THINK WE'VE ALL HEARD MORE 475 00:12:25,845 --> 00:12:26,479 ABOUT BOMB DOLPHINS THIS WEEK 476 00:12:26,546 --> 00:12:27,113 THAN WE THOUGHT WE WERE GOING TO 477 00:12:27,180 --> 00:12:27,814 ON MONDAY. 478 00:12:27,880 --> 00:12:28,481 WHICH BRINGS US BACK TO THE IRAN 479 00:12:28,548 --> 00:12:29,082 WAR. 480 00:12:29,148 --> 00:12:29,716 BECAUSE WHO KNOWS WHAT'S COMING 481 00:12:29,782 --> 00:12:31,084 NEXT? 482 00:12:31,150 --> 00:12:35,588 WE'RE TAPING THIS ON SATURDAY, 483 00:12:35,655 --> 00:12:41,661 AS THE U.S. -- RESPONSE BUT NOW 484 00:12:41,728 --> 00:12:42,595 BOTH SIDES HAVE RESUMED 485 00:12:42,662 --> 00:12:44,097 ATTACKING EACH OTHER. 486 00:12:44,163 --> 00:12:45,098 AND TRUMP'S EVEN FLOATED THE 487 00:12:45,164 --> 00:12:46,099 IDEA OF RESUMING PROJECT FREEDOM 488 00:12:46,165 --> 00:12:47,165 IF NO DEAL IS REACHED, THOUGH IN 489 00:12:47,233 --> 00:12:47,667 HIS "SCREAMING NEXT TO A 490 00:12:47,734 --> 00:12:48,268 HELICOPTER" TIME ON FRIDAY, HE 491 00:12:48,334 --> 00:12:49,836 ADDED A TWIST: 492 00:12:49,902 --> 00:12:51,104 >> WE MAY GO BACK TO PROJECT 493 00:12:51,170 --> 00:12:52,605 FREEDOM IF THINGS DON'T HAPPEN — 494 00:12:52,672 --> 00:12:54,607 BUT IT'LL BE PROJECT FREEDOM 495 00:12:54,674 --> 00:12:56,109 PLUS, MEANING PROJECT FREEDOM 496 00:12:56,175 --> 00:13:03,182 PLUS OTHER THINGS. 497 00:13:08,187 --> 00:13:08,721 >> JOHN: LOOK -- I THINK IT'S 498 00:13:08,788 --> 00:13:09,622 PRETTY CLEAR, THIS GUY'S GOT 499 00:13:09,689 --> 00:13:10,123 ABSOLUTELY NOTHING. 500 00:13:10,189 --> 00:13:10,723 BECAUSE "PROJECT FREEDOM PLUS" 501 00:13:10,790 --> 00:13:11,624 IS THE MOST RIDICULOUS SERIES OF 502 00:13:11,691 --> 00:13:14,127 WORDS I'VE SEEN THIS WEEK, AND 503 00:13:14,193 --> 00:13:15,128 I'LL REMIND YOU: TONIGHT, YOU'VE 504 00:13:15,194 --> 00:13:15,695 REPEATEDLY HEARD THE PHRASE, 505 00:13:15,762 --> 00:13:16,629 "UNWITTINGLY, HE HAD TRAINED A 506 00:13:16,696 --> 00:13:18,197 DOLPHIN TO KILL THE PRESIDENT OF 507 00:13:18,264 --> 00:13:20,133 THE UNITED STATES." 508 00:13:20,199 --> 00:13:23,636 AND NOW, THIS. 509 00:13:23,703 --> 00:13:27,640 [CHEERING AND APPLAUSE] 510 00:13:27,707 --> 00:13:29,642 >> Announcer: AND NOW PEOPLE 511 00:13:29,709 --> 00:13:31,244 ON TV ARE NOT EXCITED ABOUT 512 00:13:31,311 --> 00:13:32,145 "STAR WARS" DAY. 513 00:13:32,211 --> 00:13:33,246 >> MAY THE 4TH BE WITH YOU. 514 00:13:33,313 --> 00:13:34,647 >> TODAY IS MAY THE 4TH. 515 00:13:34,714 --> 00:13:37,650 ARE YOU A "STAR WARS" PERSON? 516 00:13:37,717 --> 00:13:37,884 >> NO. 517 00:13:37,950 --> 00:13:39,886 >> I'VE NEVER SEEN "STAR WARS". 518 00:13:39,952 --> 00:13:42,155 >> IT'S A CLASSIC. 519 00:13:42,221 --> 00:13:43,656 >> BABY YODA. 520 00:13:43,723 --> 00:13:44,757 >> WHILE THAT'S ENOUGH ABOUT 521 00:13:44,824 --> 00:13:45,158 "STAR WARS". 522 00:13:45,224 --> 00:13:46,259 >> THIS ANNUAL DAY IS VERY 523 00:13:46,326 --> 00:13:47,660 IMPORTANT TO MY OLDER BROTHERS 524 00:13:47,727 --> 00:13:48,828 AND SOME OF THE OTHER 525 00:13:48,895 --> 00:13:49,962 "STAR WARS" FANS. 526 00:13:50,029 --> 00:13:51,664 SOME PEOPLE CALL THEM NERDS BUT 527 00:13:51,731 --> 00:13:52,765 THEY CALL THEMSELVES FANS. 528 00:13:52,832 --> 00:13:54,233 >> I WILL BE HONEST WITH YOU 529 00:13:54,300 --> 00:13:54,767 GUYS. 530 00:13:54,834 --> 00:13:56,669 MY STEPDAD USED TO MAKE US WATCH 531 00:13:56,736 --> 00:13:58,171 "STAR WARS" AS PUNISHMENT. 532 00:13:58,237 --> 00:14:00,173 IF WE GOT IN TROUBLE, IT WAS NOT 533 00:14:00,239 --> 00:14:00,673 MY THING. 534 00:14:00,740 --> 00:14:03,176 IF HE GOT IN TROUBLE -- 535 00:14:03,242 --> 00:14:04,177 >> HE LIKED IT. 536 00:14:04,243 --> 00:14:05,178 >> HE WAS OBSESSED. 537 00:14:05,244 --> 00:14:07,680 >> I'M JUST GOING TO STAY RIGHT 538 00:14:07,747 --> 00:14:09,182 HERE, HELLO, NICE TO MEET YOU. 539 00:14:09,248 --> 00:14:11,184 >> I NEVER GOT INTO IT. 540 00:14:11,250 --> 00:14:13,286 >> YOU NEVER WATCHED A CIVIL 541 00:14:13,353 --> 00:14:14,187 "STAR WARS"? 542 00:14:14,253 --> 00:14:16,189 >> NO I DIDN'T. 543 00:14:16,255 --> 00:14:18,191 >> IT'S TRENDING AGAIN TODAY. 544 00:14:18,257 --> 00:14:19,692 >> MAY THE 4TH BE WITH YOU. 545 00:14:19,759 --> 00:14:20,693 >> THERE YOU GO, DEVYN. 546 00:14:20,760 --> 00:14:23,196 THERE YOU GO. 547 00:14:23,262 --> 00:14:25,198 >> JOHN: MOVING ON. 548 00:14:25,264 --> 00:14:25,832 OUR MAIN STORY TONIGHT CONCERNS 549 00:14:25,898 --> 00:14:27,200 THE SUPREME COURT. 550 00:14:27,266 --> 00:14:27,767 IT'S BEEN IN THE NEWS A LOT 551 00:14:27,834 --> 00:14:28,701 LATELY, ESPECIALLY THANKS TO 552 00:14:28,768 --> 00:14:29,302 LAST WEEK'S VOTING RIGHTS ACT 553 00:14:29,369 --> 00:14:30,703 DECISION. 554 00:14:30,770 --> 00:14:31,704 IF YOU HAVEN'T HEARD, IT WAS A 555 00:14:31,771 --> 00:14:33,706 6-3 DECISION IN THE CASE OF 556 00:14:33,773 --> 00:14:34,707 "WHITE PEOPLE VERSUS EVERYBODY", 557 00:14:34,774 --> 00:14:36,309 AND YOU'LL NEVER GUESS WHO THEY 558 00:14:36,376 --> 00:14:38,711 RULED IN FAVOR OF. 559 00:14:38,778 --> 00:14:39,278 BUT I ACTUALLY WANT TO TALK 560 00:14:39,345 --> 00:14:40,346 ABOUT A PATTERN YOU MAY'VE 561 00:14:40,413 --> 00:14:41,714 NOTICED RECENTLY. 562 00:14:41,781 --> 00:14:43,216 BASICALLY, TRUMP COMES OUT WITH 563 00:14:43,282 --> 00:14:44,217 A NEW EXECUTIVE ORDER OR ACTION, 564 00:14:44,283 --> 00:14:45,218 A BUNCH OF LEGAL SCHOLARS SAY 565 00:14:45,284 --> 00:14:47,220 "I'M NOT SURE HE CAN DO THAT", 566 00:14:47,286 --> 00:14:49,322 SOME COURTS WEIGH IN AND SAY, 567 00:14:49,389 --> 00:14:49,922 "YEAH, HE DEFINITELY CAN'T DO 568 00:14:49,989 --> 00:14:50,823 THAT AND HE NEEDS TO STOP," THEN 569 00:14:50,890 --> 00:14:51,724 THIS HAPPENS: 570 00:14:51,790 --> 00:14:53,226 >> IT LOOKS LIKE THE SUPREME 571 00:14:53,292 --> 00:14:54,227 COURT IS ALLOWING PRESIDENT 572 00:14:54,293 --> 00:14:56,229 TRUMP TO IMPLEMENT HIS BAN ON 573 00:14:56,295 --> 00:14:57,230 TRANSGENDER PEOPLE SERVING IN 574 00:14:57,296 --> 00:15:00,733 THE MILITARY. 575 00:15:00,800 --> 00:15:01,734 >> THE U.S. SUPREME COURT IS 576 00:15:01,801 --> 00:15:03,736 LETTING THE TRUMP ADMINISTRATION 577 00:15:03,803 --> 00:15:04,737 MOVE FORWARD WITH FREEZING $4 578 00:15:04,804 --> 00:15:05,471 BILLION IN FOREIGN AID. 579 00:15:05,538 --> 00:15:06,239 >> THE JUSTICES RULING THAT THE 580 00:15:06,305 --> 00:15:07,240 PRESIDENT CAN INDEED PROCEED 581 00:15:07,306 --> 00:15:08,741 WITH HIS PLAN TO TRY TO 582 00:15:08,808 --> 00:15:10,243 DISMANTLE THE EDUCATION 583 00:15:10,309 --> 00:15:13,246 DEPARTMENT WITH MASS LAYOFFS. 584 00:15:13,312 --> 00:15:13,746 >> JOHN: RIGHT. 585 00:15:13,813 --> 00:15:15,248 THE COURT'S BEEN REPEATEDLY 586 00:15:15,314 --> 00:15:16,249 JUMPING IN TO ONGOING CASES TO 587 00:15:16,315 --> 00:15:17,250 SAY: "YOU KNOW WHAT? 588 00:15:17,316 --> 00:15:18,751 WHILE THIS WORKS ITS WAY THROUGH 589 00:15:18,818 --> 00:15:20,486 THE COURTS, TRUMP SHOULD GET TO 590 00:15:20,553 --> 00:15:21,754 DO THE THING HE WANTS TO DO 591 00:15:21,821 --> 00:15:22,889 ANYWAY. 592 00:15:22,955 --> 00:15:23,923 IT'S BASICALLY A FOOTBALL 593 00:15:23,990 --> 00:15:25,258 REFEREE SAYING, "PENDING A FINAL 594 00:15:25,324 --> 00:15:27,760 RULING ON THE LEGALITY OF THE 595 00:15:27,827 --> 00:15:28,361 QUARTERBACK HAVING A GUN, I'M 596 00:15:28,428 --> 00:15:29,762 JUST GONNA STAND BACK AND SEE 597 00:15:29,829 --> 00:15:32,765 WHERE HE'S GOING WITH THIS." 598 00:15:32,832 --> 00:15:33,766 AND THAT'S POSSIBLE, THANKS TO 599 00:15:33,833 --> 00:15:34,400 THE RISE OF WHAT'S KNOWN AS "THE 600 00:15:34,467 --> 00:15:35,768 SHADOW DOCKET". 601 00:15:35,835 --> 00:15:36,769 AND TO EXPLAIN WHAT IT IS, IT'S 602 00:15:36,836 --> 00:15:38,271 PROBABLY USEFUL TO REMEMBER HOW 603 00:15:38,337 --> 00:15:38,905 REGULAR SUPREME COURT CASES ARE 604 00:15:38,971 --> 00:15:40,273 DECIDED. 605 00:15:40,339 --> 00:15:41,274 >> WHEN YOU THINK OF A SUPREME 606 00:15:41,340 --> 00:15:43,276 COURT CASE, YOU'RE THINKING OF A 607 00:15:43,342 --> 00:15:44,777 CASE ON THE MERITS DOCKET. 608 00:15:44,844 --> 00:15:45,778 A CASE STARTS IN A DISTRICT 609 00:15:45,845 --> 00:15:47,280 COURT, IS APPEALED TO A CIRCUIT 610 00:15:47,346 --> 00:15:49,282 COURT, OFTEN CALLED AN APPEALS 611 00:15:49,348 --> 00:15:50,716 COURT, AND THEN IT'S PETITIONED 612 00:15:50,783 --> 00:15:51,250 TO BE HEARD BY THE SUPREME 613 00:15:51,317 --> 00:15:52,452 COURT. 614 00:15:52,518 --> 00:15:53,920 FROM THERE, BRIEFS ARE WRITTEN 615 00:15:53,986 --> 00:15:55,288 ARGUING EACH SIDE, THEN ORAL 616 00:15:55,354 --> 00:15:57,790 ARGUMENTS WHERE THE JUSTICES CAN 617 00:15:57,857 --> 00:15:58,790 ASK QUESTIONS, AND THEN THEY 618 00:15:58,858 --> 00:16:00,293 MEET PRIVATELY IN PERSON TO 619 00:16:00,359 --> 00:16:02,795 DISCUSS THE CASE AND VOTE ON IT. 620 00:16:02,862 --> 00:16:03,796 THEY SPEND MONTHS WRITING LONG 621 00:16:03,863 --> 00:16:05,798 OPINIONS AND DISSENTS, AND THEN 622 00:16:05,865 --> 00:16:06,799 WE KNOW WHO WON AND WHO LOST AND 623 00:16:06,866 --> 00:16:08,801 WHY. 624 00:16:08,868 --> 00:16:10,670 AND THAT DETAILED EXPLANATION 625 00:16:10,736 --> 00:16:11,804 HELPS THESE LOWER COURTS 626 00:16:11,871 --> 00:16:12,805 UNDERSTAND HOW TO APPLY IT TO 627 00:16:12,872 --> 00:16:14,807 SIMILAR CASES GOING FORWARD. 628 00:16:14,874 --> 00:16:16,409 >> JOHN: YEAH, THAT'S VERY 629 00:16:16,476 --> 00:16:17,810 BASICALLY IT. 630 00:16:17,877 --> 00:16:18,811 ALTHOUGH, ONE SMALL THING THERE: 631 00:16:18,878 --> 00:16:20,313 SAYING, "WHEN YOU THINK OF A 632 00:16:20,379 --> 00:16:21,814 SUPREME COURT CASE, YOU'RE 633 00:16:21,881 --> 00:16:22,815 THINKING OF THE MERITS DOCKET." 634 00:16:22,882 --> 00:16:23,816 EXCUSE ME -- YOU DON'T KNOW WHAT 635 00:16:23,883 --> 00:16:24,817 I'M THINKING OF WHEN I THINK OF 636 00:16:24,884 --> 00:16:26,319 THE SUPREME COURT. 637 00:16:26,385 --> 00:16:27,820 ESPECIALLY AS WHAT I'M ACTUALLY 638 00:16:27,887 --> 00:16:29,322 THINKING ABOUT IS HOW THE SEQUEL 639 00:16:29,388 --> 00:16:30,823 TO "LEGALLY BLONDE," "LEGALLY 640 00:16:30,890 --> 00:16:31,958 BLONDE 2: RED, WHITE AND BLONDE" 641 00:16:32,024 --> 00:16:32,825 DROPPED THE BALL BY NOT HAVING 642 00:16:32,892 --> 00:16:33,826 ELLE WOODS ARGUE A CASE IN FRONT 643 00:16:33,893 --> 00:16:36,829 OF IT. 644 00:16:36,896 --> 00:16:37,830 COME ON - THE BEST PART OF THE 645 00:16:37,897 --> 00:16:38,831 FIRST MOVIE'S THE MURDER TRIAL 646 00:16:38,898 --> 00:16:40,433 AND THE SEQUEL HAS NO TRIAL 647 00:16:40,500 --> 00:16:41,834 SCENES? 648 00:16:41,901 --> 00:16:43,836 YOU SET THE MOVIE IN DC AND 649 00:16:43,903 --> 00:16:45,338 DON'T LET ELLE SHOW WHAT SHE CAN 650 00:16:45,404 --> 00:16:46,405 DO IN FRONT OF THE HIGHEST COURT 651 00:16:46,472 --> 00:16:47,340 IN THE LAND? 652 00:16:47,406 --> 00:16:48,341 THAT'S MADNESS. 653 00:16:48,407 --> 00:16:50,843 ANYWAY. 654 00:16:50,910 --> 00:16:51,777 THAT'S ALWAYS WHAT I'M THINKING 655 00:16:51,844 --> 00:16:52,345 OF WHEN I THINK OF A SUPREME 656 00:16:52,411 --> 00:16:53,412 COURT CASE -- THE ONE I'M 657 00:16:53,479 --> 00:16:53,946 EVENTUALLY GOING TO BRING 658 00:16:54,013 --> 00:16:55,348 AGAINST THE PRODUCERS OF LEGALLY 659 00:16:55,414 --> 00:16:56,716 BLONDE 2 FOR NOT PUTTING REESE 660 00:16:56,782 --> 00:16:59,852 IN A POSITION TO SUCCEED. 661 00:16:59,919 --> 00:17:01,854 BUT ADMITTEDLY, THE SECOND THING 662 00:17:01,921 --> 00:17:03,356 I'M THINKING OF IS THAT PROCESS 663 00:17:03,422 --> 00:17:04,656 -- THE REGULAR, ESTABLISHED PATH 664 00:17:04,723 --> 00:17:06,759 TO THE SUPREME COURT. 665 00:17:06,826 --> 00:17:07,859 DISTRICT COURTS, CIRCUIT COURTS, 666 00:17:07,926 --> 00:17:10,363 SUPREME COURT. 667 00:17:10,429 --> 00:17:11,364 BUT IF A LITIGANT'S IN A HURRY, 668 00:17:11,430 --> 00:17:12,365 AND THEY THINK THE SUPREME 669 00:17:12,431 --> 00:17:13,532 COURT'S GOING TO BE EXTRA 670 00:17:13,598 --> 00:17:14,599 FRIENDLY TO THEM FOR SOME 671 00:17:14,666 --> 00:17:15,867 REASON, THEN THE SHADOW DOCKET 672 00:17:15,935 --> 00:17:16,469 OFFERS A MUCH SPEEDIER WAY TO 673 00:17:16,536 --> 00:17:17,502 GET YOUR CASE THERE. 674 00:17:17,569 --> 00:17:19,372 BASICALLY, ANY LITIGANT IN A 675 00:17:19,438 --> 00:17:20,873 FEDERAL CASE CAN ASK THE SUPREME 676 00:17:20,940 --> 00:17:22,875 COURT TO STEP IN AND PROVIDE A 677 00:17:22,942 --> 00:17:24,010 TEMPORARY RULING ON WHAT SHOULD 678 00:17:24,076 --> 00:17:25,377 HAPPEN WHILE THEIR CASE WORKS 679 00:17:25,444 --> 00:17:26,378 ITS WAY THROUGH THE SYSTEM -- 680 00:17:26,444 --> 00:17:26,945 WHICH CAN TAKE YEARS, BY THE 681 00:17:27,012 --> 00:17:27,880 WAY. 682 00:17:27,946 --> 00:17:29,382 FIVE VOTES AMONG THE NINE 683 00:17:29,448 --> 00:17:30,583 JUSTICES ARE NEEDED TO GRANT A 684 00:17:30,650 --> 00:17:31,884 REQUEST FOR THE COURT TO 685 00:17:31,951 --> 00:17:33,386 INTERVENE, AND THAT REQUEST MUST 686 00:17:33,452 --> 00:17:34,887 MEET CERTAIN CRITERIA, INCLUDING 687 00:17:34,954 --> 00:17:36,689 THAT THE APPLICANTS WOULD 688 00:17:36,756 --> 00:17:37,723 SUFFER, QUOTE, "IRREPARABLE 689 00:17:37,790 --> 00:17:38,891 HARM" IF IT'S NOT GRANTED. 690 00:17:38,958 --> 00:17:40,426 AND THAT TERM, "IRREPARABLE 691 00:17:40,493 --> 00:17:41,894 HARM" IS IMPORTANT, BECAUSE IT 692 00:17:41,961 --> 00:17:43,396 SETS A VERY HIGH BAR. 693 00:17:43,462 --> 00:17:44,897 WHICH IS WHY, FOR YEARS, THE 694 00:17:44,964 --> 00:17:46,399 DOCKET'S MAIN USE WAS IN ONE 695 00:17:46,465 --> 00:17:47,900 PARTICULAR TYPE OF CASE, AS THIS 696 00:17:47,967 --> 00:17:49,902 LAW PROFESSOR EXPLAINS: 697 00:17:49,969 --> 00:17:50,903 >> IF SOMEONE'S GOING TO BE 698 00:17:50,970 --> 00:17:53,406 EXECUTED THE NEXT DAY, AND HE'S 699 00:17:53,472 --> 00:17:54,907 -- THE PERSON'S LAWYERS ARE 700 00:17:54,974 --> 00:17:55,908 SAYING, "LISTEN, THIS -- MY 701 00:17:55,975 --> 00:17:57,910 CLIENT WAS CONVICTED OR PUT ON 702 00:17:57,977 --> 00:17:59,912 DEATH ROW FOR THE WRONG REASONS. 703 00:17:59,979 --> 00:18:00,913 HE'S INNOCENT, OR THERE'S SOME 704 00:18:00,980 --> 00:18:02,415 PROBLEMS IN THE PROCESS." 705 00:18:02,481 --> 00:18:03,916 THE SUPREME COURT MIGHT SAY, 706 00:18:03,983 --> 00:18:06,419 "OKAY, WE'RE GOING TO STAY THE 707 00:18:06,485 --> 00:18:07,920 EXECUTION ORDER UNDER THIS 708 00:18:07,987 --> 00:18:10,923 EMERGENCY PROCESS, BECAUSE ONCE 709 00:18:10,990 --> 00:18:11,924 THIS PERSON'S EXECUTED, WE CAN'T 710 00:18:11,991 --> 00:18:14,427 FIX THE PROBLEM, RIGHT?" 711 00:18:14,493 --> 00:18:16,429 >> JOHN: RIGHT. 712 00:18:16,495 --> 00:18:18,698 ONCE SOMEONE'S EXECUTED, IT IS 713 00:18:18,764 --> 00:18:20,433 GENERALLY TOO LATE TO DO 714 00:18:20,499 --> 00:18:21,934 ANYTHING ABOUT IT, BESIDES MAYBE 715 00:18:22,001 --> 00:18:22,935 SENDING THEM A CARD FROM 716 00:18:23,002 --> 00:18:23,936 HALLMARK'S "BELATED EXONERATION" 717 00:18:24,003 --> 00:18:25,438 SECTION. 718 00:18:25,504 --> 00:18:26,939 BUT TRUMP'S NOW USING THE SHADOW 719 00:18:27,006 --> 00:18:28,040 DOCKET FOR A LOT MORE THAN JUST 720 00:18:28,107 --> 00:18:29,942 DEATH PENALTY CASES. 721 00:18:30,009 --> 00:18:31,944 BECAUSE, IF A LOWER COURT ISSUES 722 00:18:32,011 --> 00:18:32,945 A RULING HE DOESN'T LIKE, SAY, 723 00:18:33,012 --> 00:18:34,447 PAUSING AN EXECUTIVE ACTION 724 00:18:34,513 --> 00:18:36,449 UNTIL IT'S BEEN FULLY LITIGATED, 725 00:18:36,515 --> 00:18:38,084 HE'LL NOW RUN TO THE SUPREME 726 00:18:38,150 --> 00:18:39,452 COURT AND ASK THEM TO RULE IN 727 00:18:39,518 --> 00:18:40,953 HIS FAVOR ON THE SHADOW DOCKET. 728 00:18:41,020 --> 00:18:42,054 AND RECENTLY, HE'S BEEN DOING 729 00:18:42,121 --> 00:18:43,956 THAT A LOT. 730 00:18:44,023 --> 00:18:45,458 >> THIS IS EVERY TIME THE 731 00:18:45,524 --> 00:18:46,058 FEDERAL GOVERNMENT HAD A CASE 732 00:18:46,125 --> 00:18:46,626 THERE. 733 00:18:46,692 --> 00:18:47,460 BACK TO THE FIRST TRUMP 734 00:18:47,526 --> 00:18:49,228 ADMINISTRATION. 735 00:18:49,295 --> 00:18:50,096 AND HERE'S JUST EIGHT MONTHS 736 00:18:50,162 --> 00:18:51,464 INTO HIS SECOND TERM. 737 00:18:51,530 --> 00:18:53,099 IT'S BEING USED IN RECORD 738 00:18:53,165 --> 00:18:53,966 NUMBERS. 739 00:18:54,033 --> 00:18:54,967 >> JOHN: YEAH. 740 00:18:55,034 --> 00:18:55,968 TRUMP KEEPS CLAIMING HE NEEDS AN 741 00:18:56,035 --> 00:18:57,470 EMERGENCY RULING, AND THE COURT 742 00:18:57,536 --> 00:18:58,571 KEEPS AGREEING WITH HIM. 743 00:18:58,638 --> 00:19:00,473 THAT CHART'S PRETTY STRIKING, 744 00:19:00,539 --> 00:19:01,974 THOUGH TO BE FAIR, YOU COULD 745 00:19:02,041 --> 00:19:02,975 PROBABLY USE IT FOR ANY NUMBER 746 00:19:03,042 --> 00:19:03,976 OF THINGS IN THE SECOND TRUMP 747 00:19:04,043 --> 00:19:06,712 ADMINISTRATION, FROM MEASLES 748 00:19:06,779 --> 00:19:08,481 CASES, TO GOLD SHIT NAILED TO 749 00:19:08,547 --> 00:19:09,482 THE WALLS OF THE WHITE HOUSE, TO 750 00:19:09,548 --> 00:19:10,483 USE OF THE PHRASE "WHEN IT 751 00:19:10,549 --> 00:19:12,485 HAPPENS." 752 00:19:12,551 --> 00:19:14,487 AND THIS STRATEGY IS PAYING OFF, 753 00:19:14,553 --> 00:19:15,488 AS IN THE LAST YEAR ALONE, THE 754 00:19:15,554 --> 00:19:17,289 COURT'S ISSUED DECISIONS VIA THE 755 00:19:17,356 --> 00:19:17,990 SHADOW DOCKET THAT ALLOWED THIS 756 00:19:18,057 --> 00:19:18,991 ADMINISTRATION TO CUT HUNDREDS 757 00:19:19,058 --> 00:19:20,493 OF MILLIONS OF DOLLARS WORTH OF 758 00:19:20,559 --> 00:19:22,128 GRANTS TO UNIVERSITIES, DISMISS 759 00:19:22,194 --> 00:19:23,496 EVERY TRANSGENDER SERVICE MEMBER 760 00:19:23,562 --> 00:19:24,630 FROM THE MILITARY, CUT A THIRD 761 00:19:24,697 --> 00:19:25,998 OF THE DEPARTMENT OF EDUCATION, 762 00:19:26,065 --> 00:19:27,500 FIRE HUNDREDS OF THOUSANDS OF 763 00:19:27,566 --> 00:19:29,001 FEDERAL EMPLOYEES, AND REFUSE TO 764 00:19:29,068 --> 00:19:31,003 SPEND $4 BILLION IN 765 00:19:31,070 --> 00:19:31,537 CONGRESSIONALLY-APPOINTED 766 00:19:31,604 --> 00:19:33,005 FOREIGN AID. 767 00:19:33,072 --> 00:19:34,507 AND LOOK, THERE ARE CLEARLY A 768 00:19:34,573 --> 00:19:36,509 LOT OF PROBLEMS WITH THE CURRENT 769 00:19:36,575 --> 00:19:37,143 SUPREME COURT - SIX OF THEM, TO 770 00:19:37,209 --> 00:19:39,512 BE PRECISE. 771 00:19:39,578 --> 00:19:40,513 THE FIVE BOYS AND THIS PRESCHOOL 772 00:19:40,579 --> 00:19:42,014 TEACHER WHO STILL HITS. 773 00:19:42,081 --> 00:19:44,016 BUT THEIR WORK ON THE SHADOW 774 00:19:44,083 --> 00:19:45,518 DOCKET'S EMPOWERED SOME OF 775 00:19:45,584 --> 00:19:46,118 TRUMP'S WORST POLICIES, TO THE 776 00:19:46,185 --> 00:19:47,119 POINT IT'S NOW BECOME HIS GO-TO 777 00:19:47,186 --> 00:19:50,022 METHOD TO GET HIS WAY. 778 00:19:50,089 --> 00:19:51,524 ONE FORMER SOLICITOR GENERAL HAS 779 00:19:51,590 --> 00:19:53,125 EVEN SAID OF THE DOCKET THAT 780 00:19:53,192 --> 00:19:55,027 IT'S "SWALLOWED THE COURT, BOTH 781 00:19:55,094 --> 00:19:55,628 IN TERMS OF WORKLOAD AND EVEN 782 00:19:55,695 --> 00:19:57,096 PRACTICAL IMPORTANCE." 783 00:19:57,163 --> 00:19:58,597 SO GIVEN ALL THAT, TONIGHT, 784 00:19:58,664 --> 00:19:59,598 LET'S LOOK AT THE SHADOW DOCKET 785 00:19:59,665 --> 00:20:01,033 - WHAT IT IS, WHY IT EXISTS, AND 786 00:20:01,100 --> 00:20:03,035 HOW IT'S BEING ABUSED. 787 00:20:03,102 --> 00:20:04,537 AND LET'S START BY ACKNOWLEDGING 788 00:20:04,603 --> 00:20:08,040 THE TERM ITSELF IS A BIT BITCHY. 789 00:20:08,107 --> 00:20:09,542 IT WAS FIRST COINED BY A LAW 790 00:20:09,608 --> 00:20:11,043 PROFESSOR CRITICIZING THE 791 00:20:11,110 --> 00:20:12,044 PRACTICE, AND SOME JUSTICES DO 792 00:20:12,111 --> 00:20:13,546 NOT CARE FOR IT. 793 00:20:13,612 --> 00:20:15,548 AMY CONEY BARRETT'S SAID SHE 794 00:20:15,614 --> 00:20:16,782 PREFERS "EMERGENCY DOCKET", AND 795 00:20:16,849 --> 00:20:17,550 BRETT KAVANAUGH REPORTEDLY 796 00:20:17,616 --> 00:20:18,551 PUSHED FOR CALLING IT THE 797 00:20:18,617 --> 00:20:19,552 "INTERIM DOCKET." 798 00:20:19,618 --> 00:20:21,053 SAMUEL ALITO ACTUALLY GAVE A 799 00:20:21,120 --> 00:20:22,054 WHOLE LECTURE TO NOTRE DAME LAW 800 00:20:22,121 --> 00:20:23,055 STUDENTS ABOUT HOW MISUNDERSTOOD 801 00:20:23,122 --> 00:20:24,557 THE DOCKET IS. 802 00:20:24,623 --> 00:20:25,558 AND FUN FACT: HIS LECTURE WASN'T 803 00:20:25,624 --> 00:20:26,625 SUPPOSED TO BE RECORDED, BUT WE 804 00:20:26,692 --> 00:20:27,560 GOT THE AUDIO OF IT. 805 00:20:27,626 --> 00:20:30,096 HERE'S A TASTE: 806 00:20:30,162 --> 00:20:31,063 >> THE TERM IS MEMORABLE AND 807 00:20:31,130 --> 00:20:34,066 SUGGESTIVE. 808 00:20:34,133 --> 00:20:35,568 JOURNALISTS AND SOME POLITICAL 809 00:20:35,634 --> 00:20:38,070 FIGURES HAVE FOUND IT USEFUL. 810 00:20:38,137 --> 00:20:39,572 IT BRINGS TO MIND SOMETHING 811 00:20:39,638 --> 00:20:41,273 SNEAKY AND DANGEROUS. 812 00:20:41,340 --> 00:20:44,577 AND I'M SURE WHEN ORDINARY 813 00:20:44,643 --> 00:20:46,078 PEOPLE WHO DON'T FOLLOW THE WORK 814 00:20:46,145 --> 00:20:47,580 OF THE SUPREME COURT CLOSELY 815 00:20:47,646 --> 00:20:49,582 HEAR IT, THEY'RE DISTURBED. 816 00:20:49,648 --> 00:20:50,583 THEY SAID, WHAT ARE THESE PEOPLE 817 00:20:50,649 --> 00:20:52,084 TRYING TO DO? 818 00:20:52,151 --> 00:20:52,718 WHAT ARE THEY TRYING TO HIDE IN 819 00:20:52,785 --> 00:20:54,587 THE MIDDLE OF THE NIGHT? 820 00:20:54,653 --> 00:20:56,088 LET THE SUNSHINE IN, AND THAT'S 821 00:20:56,155 --> 00:20:57,590 EXACTLY WHAT I'M GOING TO TRY TO 822 00:20:57,656 --> 00:21:01,093 DO THIS AFTERNOON. 823 00:21:01,160 --> 00:21:02,595 >> JOHN: OKAY, SET ASIDE THE BAD 824 00:21:02,661 --> 00:21:03,596 FAITH CLAIM OF SAYING "LET THE 825 00:21:03,662 --> 00:21:04,597 SUN SHINE IN" DURING A LECTURE 826 00:21:04,663 --> 00:21:05,698 AT AN EXCLUSIVE LAW SCHOOL THAT 827 00:21:05,765 --> 00:21:06,599 YOU'VE EXPLICITLY ASKED NOT TO 828 00:21:06,665 --> 00:21:08,601 BE RECORDED. 829 00:21:08,667 --> 00:21:10,102 ALITO ARGUED THAT DAY THERE'S 830 00:21:10,169 --> 00:21:11,604 ABSOLUTELY NOTHING WRONG WITH 831 00:21:11,670 --> 00:21:13,105 DECIDING CASES ON THE SHADOW 832 00:21:13,172 --> 00:21:15,107 DOCKET, AND ANYONE WHO SAYS 833 00:21:15,174 --> 00:21:17,109 DIFFERENT IS JUST A SORE LOSER. 834 00:21:17,176 --> 00:21:19,612 >> THE REAL COMPLAINT OF THESE 835 00:21:19,678 --> 00:21:20,613 CRITICS IS THAT WE SHOULD HAVE 836 00:21:20,679 --> 00:21:22,114 GRANTED RELIEF WHEN THEY THINK 837 00:21:22,181 --> 00:21:25,117 IT SHOULD HAVE BEEN DENIED. 838 00:21:25,184 --> 00:21:26,619 AND WE HAVE DENIED RELIEF WHEN 839 00:21:26,685 --> 00:21:27,620 THEY THINK IT SHOULD'VE BEEN 840 00:21:27,686 --> 00:21:29,121 GRANTED. 841 00:21:29,188 --> 00:21:31,123 IF THEY WANT TO CRITICIZE US ON 842 00:21:31,190 --> 00:21:32,625 THOSE GROUNDS, FINE, LET THEM 843 00:21:32,691 --> 00:21:34,894 MAKE THEIR CASE. 844 00:21:34,960 --> 00:21:36,629 BUT ATTEMPTING TO DISGUISE THEIR 845 00:21:36,695 --> 00:21:38,597 REAL COMPLAINT WITH A LOT OF 846 00:21:38,664 --> 00:21:40,132 TALK ABOUT A SECRETIVE SINISTER 847 00:21:40,199 --> 00:21:43,636 SHADOW DOCKET IS UNWORTHY. 848 00:21:43,702 --> 00:21:44,637 >> JOHN: OKAY, SAMUEL. 849 00:21:44,703 --> 00:21:46,839 BUT YOU CAN NOT LIKE A DECISION 850 00:21:46,906 --> 00:21:47,640 AND ALSO NOT LIKE HOW IT CAME 851 00:21:47,706 --> 00:21:49,642 ABOUT. 852 00:21:49,708 --> 00:21:50,643 THINGS CAN SUCK FOR MORE THAN 853 00:21:50,709 --> 00:21:52,144 ONE REASON. 854 00:21:52,211 --> 00:21:53,145 YOU KNOW -- LIKE WHEN JEOPARDY 855 00:21:53,212 --> 00:21:54,146 WAS LOOKING FOR A NEW HOST AND 856 00:21:54,213 --> 00:21:55,648 THE PRODUCER IN CHARGE OF THE 857 00:21:55,714 --> 00:21:56,649 DECISION SAID "GUESS WHAT! 858 00:21:56,715 --> 00:21:59,151 WE FOUND HIM: IT'S ME. 859 00:21:59,218 --> 00:22:01,287 CONGRATULATIONS TO ME ON WINNING 860 00:22:01,353 --> 00:22:03,155 MY CONTEST, I LOOK FORWARD TO 861 00:22:03,222 --> 00:22:05,758 WORKING WITH THE GUY WHO I AM." 862 00:22:05,825 --> 00:22:07,026 PEOPLE HAD A LOT OF CONCERNS 863 00:22:07,092 --> 00:22:07,827 ABOUT THAT, AND "THIS GUY SUCKS 864 00:22:07,893 --> 00:22:08,661 AT HOSTING JEOPARDY" WAS ONLY 865 00:22:08,727 --> 00:22:14,166 ONE OF THEM. 866 00:22:14,233 --> 00:22:15,167 AND IT'S NOT UNREASONABLE TO 867 00:22:15,234 --> 00:22:15,801 HAVE COMPLAINTS ABOUT THE SHADOW 868 00:22:15,868 --> 00:22:16,669 DOCKET'S PROCESS, GIVEN THE 869 00:22:16,735 --> 00:22:17,236 DAMAGE SOME OF THESE RULINGS 870 00:22:17,303 --> 00:22:18,671 HAVE DONE. 871 00:22:18,737 --> 00:22:19,672 BECAUSE IN MANY CASES, IT'S SURE 872 00:22:19,738 --> 00:22:20,673 SEEMED LIKE THE COURT'S 873 00:22:20,739 --> 00:22:22,174 INTERVENTION CAUSED A LOT MORE 874 00:22:22,241 --> 00:22:23,175 "IRREPARABLE HARM" TO PEOPLE 875 00:22:23,242 --> 00:22:25,344 THAN TRUMP WOULD'VE SUFFERED 876 00:22:25,411 --> 00:22:25,978 SIMPLY BY WAITING FOR A REGULAR 877 00:22:26,045 --> 00:22:26,679 RULING. 878 00:22:26,745 --> 00:22:28,681 TAKE THEIR DECISION TO ALLOW 879 00:22:28,747 --> 00:22:29,682 TRUMP TO DISMISS EVERY TRANS 880 00:22:29,748 --> 00:22:31,183 MEMBER OF THE MILITARY. 881 00:22:31,250 --> 00:22:33,185 THAT HAD IMMEDIATE CONSEQUENCES, 882 00:22:33,252 --> 00:22:36,689 AS THIS SERVICE MEMBER EXPLAINS. 883 00:22:36,755 --> 00:22:37,323 >> IT'S GOING TO BE DEVASTATING, 884 00:22:37,389 --> 00:22:39,692 SHOULD THAT OCCUR. 885 00:22:39,758 --> 00:22:40,693 I WILL LOSE THIS CORE COMPONENT 886 00:22:40,759 --> 00:22:41,327 OF MY IDENTITY THAT'S BEEN WITH 887 00:22:41,393 --> 00:22:43,696 ME MY ENTIRE LIFE. 888 00:22:43,762 --> 00:22:45,197 I WILL LOSE THE SINGLE SOURCE OF 889 00:22:45,264 --> 00:22:47,199 INCOME RIGHT NOW FOR MY FAMILY, 890 00:22:47,266 --> 00:22:48,200 THE HEALTHCARE, THE BENEFITS 891 00:22:48,267 --> 00:22:49,702 ASSOCIATED WITH THAT, THE 892 00:22:49,768 --> 00:22:52,204 ON-POST HOUSING THAT WE HAVE. 893 00:22:52,271 --> 00:22:53,205 JUST -- WE'LL LOSE EVERYTHING AT 894 00:22:53,272 --> 00:22:54,707 THAT POINT. 895 00:22:54,773 --> 00:22:55,708 >> JOHN: YEAH. 896 00:22:55,774 --> 00:22:57,209 AND WHEN ONE PARTY IN A CASE 897 00:22:57,276 --> 00:22:58,711 STANDS TO "LOSE EVERYTHING" 898 00:22:58,777 --> 00:23:00,212 WHILE THE OTHER WILL JUST "HAVE 899 00:23:00,279 --> 00:23:01,714 THE EXACT SAME MILITARY HE DID 900 00:23:01,780 --> 00:23:03,716 YESTERDAY" IT SEEMS CLEAR WHICH 901 00:23:03,782 --> 00:23:05,217 PARTY WOULD NEED "EMERGENCY 902 00:23:05,284 --> 00:23:06,785 RELIEF" BEFORE THE CASE WAS 903 00:23:06,852 --> 00:23:08,220 DECIDED ON ITS MERITS. 904 00:23:08,287 --> 00:23:09,221 BUT TO BE FAIR, I'M NOT A 905 00:23:09,288 --> 00:23:11,724 SUPREME COURT JUSTICE... 906 00:23:11,790 --> 00:23:12,825 I JUST OCCASIONALLY TRY TO BRIBE 907 00:23:12,892 --> 00:23:14,727 ONE ON TV. 908 00:23:14,793 --> 00:23:16,228 AND WHILE A SHADOW DOCKET 909 00:23:16,295 --> 00:23:17,229 DECISION IS TECHNICALLY 910 00:23:17,296 --> 00:23:19,231 TEMPORARY, WHILE THE CASE MAKES 911 00:23:19,298 --> 00:23:20,733 ITS WAY THROUGH THE SYSTEM, ONCE 912 00:23:20,799 --> 00:23:22,234 AN ADMINISTRATION HAS A RULING 913 00:23:22,301 --> 00:23:23,235 THAT LETS THEM DO WHAT THEY 914 00:23:23,302 --> 00:23:25,604 WANT, THEY HAVE EVERY INCENTIVE 915 00:23:25,671 --> 00:23:26,238 TO DRAG THEIR FEET AND DELAY A 916 00:23:26,305 --> 00:23:27,740 CASE'S APPEALS. 917 00:23:27,806 --> 00:23:29,241 ALL OF WHICH MAKES IT INCREDIBLY 918 00:23:29,308 --> 00:23:31,243 FRUSTRATING WHEN YOU HEAR AMY 919 00:23:31,310 --> 00:23:32,244 CONEY BARRETT BLITHELY DEFEND 920 00:23:32,311 --> 00:23:34,947 THE DOCKET LIKE THIS: 921 00:23:35,014 --> 00:23:35,848 >> WE'RE NOT RESOLVING A CASE 922 00:23:35,915 --> 00:23:38,751 FINALLY. 923 00:23:38,817 --> 00:23:39,418 WE'RE JUST SAYING IT'S A KIND OF 924 00:23:39,485 --> 00:23:41,754 A "FOR NOW." 925 00:23:41,820 --> 00:23:43,756 THIS IS OUR BEST JUDGMENT ABOUT 926 00:23:43,822 --> 00:23:45,758 THE MERITS, ABOUT THE LIKELIHOOD 927 00:23:45,824 --> 00:23:46,759 OF SUCCESS ON THE MERITS, AND 928 00:23:46,825 --> 00:23:47,359 THEN YOU'RE CONSIDERING OTHER 929 00:23:47,426 --> 00:23:48,260 FACTORS TOO. 930 00:23:48,327 --> 00:23:50,262 >> JOHN: YEAH, IT'S JUST A "FOR 931 00:23:50,329 --> 00:23:51,764 NOW" DECISION, SO THAT SOLDIER 932 00:23:51,830 --> 00:23:52,765 LOSING HER JOB REALLY SHOULDN'T 933 00:23:52,831 --> 00:23:53,265 COMPLAIN. 934 00:23:53,332 --> 00:23:56,268 SHE'S ONLY LOSING IT "FOR NOW." 935 00:23:56,335 --> 00:24:03,342 ALL SHE HAS TO DO IS NOT NEED 936 00:24:03,342 --> 00:24:03,909 MONEY OR HOUSING UNTIL THE COURT 937 00:24:03,976 --> 00:24:06,278 EVENTUALLY GETS AROUND TO 938 00:24:06,345 --> 00:24:06,812 DECIDING WHETHER OR NOT IT 939 00:24:06,879 --> 00:24:07,446 SHOULD'VE BEEN TAKEN AWAY FROM 940 00:24:07,513 --> 00:24:08,280 HER IN THE FIRST PLACE. 941 00:24:08,347 --> 00:24:08,948 BUT THAT'S JUST THE BEGINNING OF 942 00:24:09,014 --> 00:24:09,581 THE PROBLEMS HERE. 943 00:24:09,648 --> 00:24:10,282 BECAUSE JUSTICES ARE ALSO 944 00:24:10,349 --> 00:24:11,216 FREQUENTLY MAKING SWEEPING 945 00:24:11,283 --> 00:24:11,717 DECISIONS WITHOUT FULLY 946 00:24:11,784 --> 00:24:12,384 UNDERSTANDING A WHOLE CASE. 947 00:24:12,451 --> 00:24:13,786 CASES ARE DECIDED ON THE SHADOW 948 00:24:13,852 --> 00:24:14,787 DOCKET WITHOUT ORAL ARGUMENT, 949 00:24:14,853 --> 00:24:15,888 AND SOMETIMES WITHOUT THE FULL 950 00:24:15,955 --> 00:24:17,289 PICTURE OF THE EVIDENCE THAT 951 00:24:17,356 --> 00:24:18,290 LOWER COURT PROCEEDINGS MIGHT 952 00:24:18,357 --> 00:24:19,792 PROVIDE. 953 00:24:19,858 --> 00:24:20,793 TAKE THE CASE OF "NOEM VS. 954 00:24:20,859 --> 00:24:22,294 VASQUEZ PERDOMO". 955 00:24:22,361 --> 00:24:23,295 IT INVOLVED IMMIGRATION RAIDS IN 956 00:24:23,362 --> 00:24:25,798 LA, WHERE FEDERAL OFFICIALS 957 00:24:25,864 --> 00:24:27,800 CONCEDED THEY WERE USING RACE 958 00:24:27,866 --> 00:24:28,867 AND ETHNICITY AS A FACTOR IN 959 00:24:28,934 --> 00:24:30,803 DECIDING WHO TO STOP. 960 00:24:30,869 --> 00:24:31,804 WHICH IS, AND THIS IS TRUE, 961 00:24:31,870 --> 00:24:33,806 RACIAL PROFILING. 962 00:24:33,872 --> 00:24:34,807 A LOWER COURT TOLD THE 963 00:24:34,873 --> 00:24:36,809 GOVERNMENT, CORRECTLY, TO CUT 964 00:24:36,875 --> 00:24:38,310 THAT SHIT OUT, BUT THE 965 00:24:38,377 --> 00:24:39,311 GOVERNMENT THEN APPEALED VIA THE 966 00:24:39,378 --> 00:24:40,713 SHADOW DOCKET, AND THE SUPREME 967 00:24:40,779 --> 00:24:42,314 COURT RULED THEY COULD PROCEED. 968 00:24:42,381 --> 00:24:43,315 AND IN A RARE MOVE, BRETT 969 00:24:43,382 --> 00:24:44,817 KAVANAUGH ACTUALLY WROTE A BRIEF 970 00:24:44,883 --> 00:24:46,318 EXPLANATION OF WHY HE'D REACHED 971 00:24:46,385 --> 00:24:47,319 THAT CONCLUSION, SAYING 972 00:24:47,386 --> 00:24:49,321 IMMIGRATION STOPS WERE 973 00:24:49,388 --> 00:24:50,322 "TYPICALLY BRIEF" AND THAT 974 00:24:50,389 --> 00:24:51,323 INDIVIDUALS MAY PROMPTLY GO FREE 975 00:24:51,390 --> 00:24:52,324 AFTER MAKING CLEAR TO THE 976 00:24:52,391 --> 00:24:55,828 IMMIGRATION OFFICERS THAT THEY 977 00:24:55,894 --> 00:24:56,495 ARE U.S. CITIZENS OR OTHERWISE 978 00:24:56,562 --> 00:24:57,329 LEGALLY IN THE UNITED STATES. 979 00:24:57,396 --> 00:24:57,963 BUT THAT'S BULLSHIT FOR A BUNCH 980 00:24:58,030 --> 00:24:59,331 OF REASONS. 981 00:24:59,398 --> 00:25:00,599 FIRST, THE NOTION THAT ANY 982 00:25:00,666 --> 00:25:02,034 INTERACTION WITH LAW ENFORCEMENT 983 00:25:02,101 --> 00:25:04,336 IS "TYPICALLY BRIEF" IS 984 00:25:04,403 --> 00:25:05,838 SOMETHING ONLY A WHITE GUY NAMED 985 00:25:05,904 --> 00:25:08,841 BRETT WOULD CONFIDENTLY ASSERT. 986 00:25:08,907 --> 00:25:10,509 BUT ALSO, THAT'S NOT EVEN WHAT 987 00:25:10,576 --> 00:25:11,844 THE DETAILS OF THE CASE HE WAS 988 00:25:11,910 --> 00:25:13,345 RULING ON SHOWED. 989 00:25:13,412 --> 00:25:15,347 AS JUSTICE SOTOMAYOR POINTED OUT 990 00:25:15,414 --> 00:25:16,348 IN HER DISSENT, TWO PLAINTIFFS 991 00:25:16,415 --> 00:25:18,350 IN THE CASE HAD ACTUALLY TRIED 992 00:25:18,417 --> 00:25:18,951 TO EXPLAIN THAT THEY WERE U.S. 993 00:25:19,018 --> 00:25:20,853 CITIZENS; ONE WAS THEN PUSHED 994 00:25:20,919 --> 00:25:21,854 AGAINST A FENCE WITH HIS ARMS 995 00:25:21,920 --> 00:25:22,855 TWISTED BEHIND HIS BACK, AND THE 996 00:25:22,921 --> 00:25:25,257 OTHER WAS TAKEN AWAY FROM HIS 997 00:25:25,324 --> 00:25:25,858 JOB TO A WAREHOUSE FOR FURTHER 998 00:25:25,924 --> 00:25:30,863 QUESTIONING. 999 00:25:30,929 --> 00:25:31,463 SO KAVANAUGH'S OPINION WASN'T 1000 00:25:31,530 --> 00:25:32,064 EVEN BASED ON THE FACTS ON THE 1001 00:25:32,131 --> 00:25:32,865 GROUND. 1002 00:25:32,931 --> 00:25:33,665 AND WHETHER THAT'S BECAUSE HE 1003 00:25:33,732 --> 00:25:34,433 WAS MOVING TOO FAST TO READ UP 1004 00:25:34,500 --> 00:25:36,402 ON THE CASE -- WHICH IS KIND -- 1005 00:25:36,468 --> 00:25:37,369 OR SIMPLY DIDN'T CARE -- WHICH 1006 00:25:37,436 --> 00:25:38,137 FEELS WAY MORE TRUE -- IT 1007 00:25:38,203 --> 00:25:39,872 DOESN'T MATTER. 1008 00:25:39,938 --> 00:25:40,672 BECAUSE THE COURT HAD ALREADY 1009 00:25:40,739 --> 00:25:41,373 RULED. 1010 00:25:41,440 --> 00:25:43,375 AND THAT RULING IS ACTUALLY ONE 1011 00:25:43,442 --> 00:25:44,376 OF THE KEY REASONS WHY, EARLIER 1012 00:25:44,443 --> 00:25:46,545 THIS YEAR, FEDERAL AGENTS IN 1013 00:25:46,612 --> 00:25:47,379 MINNEAPOLIS FELT EMPOWERED TO DO 1014 00:25:47,446 --> 00:25:49,381 SHIT LIKE THIS: 1015 00:25:49,448 --> 00:25:50,382 >> AMERICAN CITIZENS ARE GETTING 1016 00:25:50,449 --> 00:25:52,885 STOPPED AND QUESTIONED, 1017 00:25:52,951 --> 00:25:54,720 INCLUDING A WOMAN WALKING DOWN 1018 00:25:54,787 --> 00:25:55,888 THE STREET. 1019 00:25:55,954 --> 00:25:57,389 >> MA'AM, WHERE WERE YOU BORN? 1020 00:25:57,456 --> 00:25:58,390 >> AND IT'S NOT ACCEPTABLE. 1021 00:25:58,457 --> 00:25:58,991 IT DOESN'T MATTER WHERE I WAS 1022 00:25:59,058 --> 00:26:04,396 BORN. 1023 00:26:04,463 --> 00:26:05,030 I BELONG HERE. 1024 00:26:05,097 --> 00:26:05,431 I AM US CITIZEN. 1025 00:26:05,497 --> 00:26:06,231 >> AND THIS UBER DRIVER. 1026 00:26:06,298 --> 00:26:06,899 >> I CAN HEAR YOU DON'T HAVE THE 1027 00:26:06,965 --> 00:26:07,399 SAME ACCENT AS ME. 1028 00:26:07,466 --> 00:26:07,966 THAT'S WHY I'M ASKING YOU. 1029 00:26:08,033 --> 00:26:08,600 >> WHAT? 1030 00:26:08,667 --> 00:26:09,201 OH, SO YOU'RE GOING BY ACCENTS 1031 00:26:09,268 --> 00:26:09,968 NOW? 1032 00:26:10,035 --> 00:26:10,903 >> PEOPLE HAVE BEEN STOPPED FOR 1033 00:26:10,969 --> 00:26:12,471 SIMPLY APPEARING TO BE SOMALI OR 1034 00:26:12,538 --> 00:26:13,405 APPEARING TO BE LATINO OR 1035 00:26:13,472 --> 00:26:15,908 APPEARING TO BE FOREIGN. 1036 00:26:15,974 --> 00:26:18,410 AND IT'S CONCERNING, BECAUSE WE 1037 00:26:18,477 --> 00:26:21,413 ALSO KNOW WE'RE NOT GETTING 1038 00:26:21,480 --> 00:26:22,714 THESE STORIES FROM IRISH FOLKS 1039 00:26:22,781 --> 00:26:26,418 AND NORWEGIAN FOLKS HERE. 1040 00:26:26,485 --> 00:26:28,520 >> JOHN: YEAH, I BET YOU'RE NOT. 1041 00:26:28,587 --> 00:26:29,421 AND LOOK: I'M NOT SAYING THEY 1042 00:26:29,488 --> 00:26:30,422 SHOULD'VE DONE IT, BUT IT'D AT 1043 00:26:30,489 --> 00:26:31,423 LEAST BE A CHANGE OF PACE IF THE 1044 00:26:31,490 --> 00:26:32,925 FEDS IN MINNEAPOLIS HAD DONE 1045 00:26:32,991 --> 00:26:33,926 SOME THROWBACK ANTI-EUROPEAN 1046 00:26:33,992 --> 00:26:35,928 RACISM, TOO. 1047 00:26:35,994 --> 00:26:36,929 Y'KNOW -- SIGNS IN DINER WINDOWS 1048 00:26:36,995 --> 00:26:38,163 SAYING THINGS LIKE "NO SPAGHETTI 1049 00:26:38,230 --> 00:26:39,932 EATERS," AND WATER FOUNTAINS 1050 00:26:39,998 --> 00:26:41,567 READING "SWEDES ONLY". 1051 00:26:41,633 --> 00:26:44,937 JUST TO BALANCE THINGS OUT. 1052 00:26:45,003 --> 00:26:46,438 BUT THE FACT YOU CAN NOW BE 1053 00:26:46,505 --> 00:26:47,940 TARGETED FOR JUST SPEAKING WITH 1054 00:26:48,006 --> 00:26:48,941 AN ACCENT HAS GIVEN RISE TO SOME 1055 00:26:49,007 --> 00:26:50,943 TRULY STRIKING EXCHANGES: 1056 00:26:51,009 --> 00:26:51,443 >> WE'RE US MILITARY. 1057 00:26:51,510 --> 00:26:52,444 >> YOU'RE NOT ALLOWED! 1058 00:26:52,511 --> 00:26:53,445 I DON'T CARE! 1059 00:26:53,512 --> 00:26:54,046 >> WHAT COUNTRY ARE YOU FROM? 1060 00:26:54,113 --> 00:26:55,447 >> YOU'RE NOT ALLOWED! 1061 00:26:55,514 --> 00:26:56,215 >> WHAT COUNTRY ARE YOU FROM? 1062 00:26:56,281 --> 00:26:57,950 >> I'M FROM THIS COUNTRY! 1063 00:26:58,016 --> 00:26:58,951 >> YOU KNOW WHAT SIR, NOW 1064 00:26:59,017 --> 00:26:59,952 TALKING TO YOU, SEEING -- 1065 00:27:00,018 --> 00:27:01,153 HEARING THAT YOU HAVE AN ACCENT, 1066 00:27:01,220 --> 00:27:01,954 I HAVE REASON TO BELIEVE THAT 1067 00:27:02,020 --> 00:27:02,454 YOU ARE NOT BORN OF THIS 1068 00:27:02,521 --> 00:27:02,955 COUNTRY. 1069 00:27:03,021 --> 00:27:03,555 >> SO, YOU'RE JUST 1070 00:27:03,622 --> 00:27:07,960 [INAUDIBLE] 1071 00:27:08,026 --> 00:27:08,961 >> DO YOU HAVE DOCUMENTATION? 1072 00:27:09,027 --> 00:27:10,362 >> I DO HAVE MY DOCUMENTATION. 1073 00:27:10,429 --> 00:27:10,929 >> CAN YOU PRESENT IT TO ME, 1074 00:27:10,996 --> 00:27:11,163 PLEASE? 1075 00:27:11,230 --> 00:27:11,797 >> WHY ARE YOU ASKING ME FOR MY 1076 00:27:11,864 --> 00:27:12,064 PAPERWORK? 1077 00:27:12,131 --> 00:27:13,465 >> BECAUSE OF YOUR ACCENT. 1078 00:27:13,532 --> 00:27:14,967 >> YOU HAVE AN ACCENT TOO! 1079 00:27:15,033 --> 00:27:15,968 >> WHERE WERE YOU BORN, SIR? 1080 00:27:16,034 --> 00:27:18,003 >> WHERE WERE YOU BORN AT? 1081 00:27:18,070 --> 00:27:18,604 >> PUT YOUR HANDS BEHIND YOUR 1082 00:27:18,670 --> 00:27:19,972 BACK. 1083 00:27:20,038 --> 00:27:21,974 >> JOHN: THAT'S MADNESS. 1084 00:27:22,040 --> 00:27:23,475 NO ONE SHOULD EVER BE ARRESTED 1085 00:27:23,542 --> 00:27:24,977 FOR SPEAKING IN AN ACCENT, 1086 00:27:25,043 --> 00:27:25,878 UNLESS OF COURSE, THAT PERSON IS 1087 00:27:25,944 --> 00:27:27,980 CHET HANKS. 1088 00:27:28,046 --> 00:27:28,580 BUT EVEN THEN, I THINK WE CAN 1089 00:27:28,647 --> 00:27:29,982 PROBABLY JUST LET HIM TALK IT 1090 00:27:30,048 --> 00:27:31,984 DOWN TO A LARGE FINE. 1091 00:27:32,050 --> 00:27:32,985 NOW, IT'S WORTH NOTING THAT 1092 00:27:33,051 --> 00:27:34,853 THANKS TO KAVANAUGH'S OPINION, 1093 00:27:34,920 --> 00:27:35,487 WHAT YOU JUST SAW IS NOW 1094 00:27:35,554 --> 00:27:37,523 COMMONLY REFERRED TO AS A 1095 00:27:37,589 --> 00:27:38,991 "KAVANAUGH STOP", ARGUABLY THE 1096 00:27:39,057 --> 00:27:39,992 WORST THING TO BEAR BRETT 1097 00:27:40,058 --> 00:27:40,993 KAVANAUGH'S NAME OTHER THAN 1098 00:27:41,059 --> 00:27:43,495 BRETT KAVANAUGH HIMSELF. 1099 00:27:43,562 --> 00:27:44,997 BUT THE THING IS, WE ONLY KNOW 1100 00:27:45,063 --> 00:27:46,498 ABOUT KAVANAUGH'S FAULTY 1101 00:27:46,565 --> 00:27:48,167 REASONING BECAUSE HE ACTUALLY 1102 00:27:48,233 --> 00:27:49,501 BOTHERED TO EXPLAIN HIS LOGIC. 1103 00:27:49,568 --> 00:27:51,003 SOMETHING, AGAIN, ON THE SHADOW 1104 00:27:51,069 --> 00:27:52,137 DOCKET, THE COURT DOESN'T 1105 00:27:52,204 --> 00:27:53,705 TECHNICALLY HAVE TO DO. 1106 00:27:53,772 --> 00:27:55,507 DECISIONS CAN COME DOWN WITH NO 1107 00:27:55,574 --> 00:27:57,009 PUBLIC DISCUSSION AND NO 1108 00:27:57,075 --> 00:27:58,844 GUIDANCE TO LOWER-COURT JUDGES 1109 00:27:58,911 --> 00:28:00,512 ON HOW TO ANALYZE SIMILAR CASES. 1110 00:28:00,579 --> 00:28:02,514 THAT'S A PRACTICE SAMUEL ALITO 1111 00:28:02,581 --> 00:28:04,016 HAS STRONGLY DEFENDED, SAYING 1112 00:28:04,082 --> 00:28:05,517 "WHEN WE ISSUE AN OPINION, WE 1113 00:28:05,584 --> 00:28:06,518 ARE AWARE THAT EVERY WORD THAT 1114 00:28:06,585 --> 00:28:08,020 WE WRITE CAN HAVE CONSEQUENCES, 1115 00:28:08,086 --> 00:28:10,022 SOMETIMES ENORMOUS CONSEQUENCES, 1116 00:28:10,088 --> 00:28:11,023 SO WE HAVE TO BE CAREFUL ABOUT 1117 00:28:11,089 --> 00:28:12,624 EVERY SINGLE THING THAT WE SAY." 1118 00:28:12,691 --> 00:28:14,526 AND ON HER BOOK TOUR LAST YEAR, 1119 00:28:14,593 --> 00:28:15,160 AMY CONEY BARRETT MADE A SIMILAR 1120 00:28:15,227 --> 00:28:16,528 CASE: 1121 00:28:16,595 --> 00:28:18,030 >> WELL, THE EMERGENCY ORDERS 1122 00:28:18,096 --> 00:28:19,531 PRESENT A CHALLENGE BECAUSE THEY 1123 00:28:19,598 --> 00:28:22,534 DO REQUIRE THE WORK OF THE COURT 1124 00:28:22,601 --> 00:28:23,168 TO PROCEED FAR MORE QUICKLY THAN 1125 00:28:23,235 --> 00:28:24,303 IT NORMALLY DOES. 1126 00:28:24,369 --> 00:28:26,104 YOU KNOW, I POINTED OUT IN THE 1127 00:28:26,171 --> 00:28:28,040 BOOK THAT THERE ARE TURTLES ALL 1128 00:28:28,106 --> 00:28:30,542 OVER THE COURT BECAUSE NORMALLY 1129 00:28:30,609 --> 00:28:32,044 THE COURT MOVES SLOWLY, IT 1130 00:28:32,110 --> 00:28:33,545 CHANGES SLOWLY, JUSTICE MOVES 1131 00:28:33,612 --> 00:28:34,913 SLOWLY AT THE COURT BECAUSE WE 1132 00:28:34,980 --> 00:28:37,549 ARE VERY DELIBERATE. 1133 00:28:37,616 --> 00:28:39,051 THE EMERGENCY DOCKET MOVES MUCH 1134 00:28:39,117 --> 00:28:40,152 MORE QUICKLY AND IT IS A MUCH 1135 00:28:40,219 --> 00:28:41,486 MORE RECENT PHENOMENON. 1136 00:28:41,553 --> 00:28:43,055 THE EMERGENCY DOCKET IS NEWER, 1137 00:28:43,121 --> 00:28:44,056 AND SO I WOULD SAY THOSE 1138 00:28:44,122 --> 00:28:45,057 PROCESSES ARE STILL BEING SHAPED 1139 00:28:45,123 --> 00:28:47,559 AND SORTED OUT. 1140 00:28:47,626 --> 00:28:50,562 >> JOHN: OKAY, FIRST AND LEAST 1141 00:28:50,629 --> 00:28:52,064 IMPORTANTLY, I'M FRANKLY FURIOUS 1142 00:28:52,130 --> 00:28:53,966 THAT I'M ONLY JUST LEARNING THAT 1143 00:28:54,032 --> 00:28:54,600 THE SUPREME COURT APPARENTLY HAS 1144 00:28:54,666 --> 00:28:57,069 A TURTLE THEME. 1145 00:28:57,135 --> 00:28:59,071 THAT'S NOW MY SECOND FAVORITE 1146 00:28:59,137 --> 00:29:01,073 FACT ABOUT TURTLES, JUST BELOW 1147 00:29:01,139 --> 00:29:01,673 "SOME TURTLES BREATHE THROUGH 1148 00:29:01,740 --> 00:29:03,575 THEIR BUTT." 1149 00:29:03,642 --> 00:29:04,309 YET MORE PROOF GOD OCCASIONALLY 1150 00:29:04,376 --> 00:29:06,578 DRANK ON THE JOB. 1151 00:29:06,645 --> 00:29:08,213 BUT IF YOUR ARGUMENT IS, "WE'RE 1152 00:29:08,280 --> 00:29:09,081 NOT REALLY BUILT FOR EMERGENCY 1153 00:29:09,147 --> 00:29:10,082 DOCKET DECISIONS," THEN MAYBE 1154 00:29:10,148 --> 00:29:11,583 YOU SHOULDN'T BE CHOOSING TO DO 1155 00:29:11,650 --> 00:29:15,087 THEM ALL THE FUCKING TIME. 1156 00:29:15,153 --> 00:29:17,089 AND UNEXPLAINED DECISIONS CAN 1157 00:29:17,155 --> 00:29:18,090 ALSO BE FRUSTRATING TO LOWER 1158 00:29:18,156 --> 00:29:19,591 COURT JUDGES, WHO ARGUE IT CAN 1159 00:29:19,658 --> 00:29:21,093 DIMINISH THEIR CREDIBILITY WHEN 1160 00:29:21,159 --> 00:29:22,094 THEIR RULINGS AGAINST THE 1161 00:29:22,160 --> 00:29:23,095 ADMINISTRATION GET OVERTURNED ON 1162 00:29:23,161 --> 00:29:24,596 THE SHADOW DOCKET WITH LITTLE OR 1163 00:29:24,663 --> 00:29:25,597 NO EXPLANATION, BECAUSE IT 1164 00:29:25,664 --> 00:29:27,099 "MAKES IT SEEM LIKE THEY DID 1165 00:29:27,165 --> 00:29:28,100 SHODDY WORK AND ARE BIASED 1166 00:29:28,166 --> 00:29:29,735 AGAINST TRUMP." 1167 00:29:29,801 --> 00:29:31,103 AND THAT'S NOT THE ONLY PROBLEM, 1168 00:29:31,169 --> 00:29:32,104 BECAUSE THERE'S ALSO THE 1169 00:29:32,170 --> 00:29:33,105 QUESTION OF WHETHER SHADOW 1170 00:29:33,171 --> 00:29:34,606 DOCKET RULINGS SET PRECEDENT. 1171 00:29:34,673 --> 00:29:36,608 BASICALLY, ARE THEY "FOR NOW", 1172 00:29:36,675 --> 00:29:38,110 TEMPORARY DECISIONS ABOUT ONE 1173 00:29:38,176 --> 00:29:40,112 CASE, OR ARE THEY MEANT TO BE 1174 00:29:40,178 --> 00:29:41,647 GUIDEPOSTS IN HOW JUDGES ARE TO 1175 00:29:41,713 --> 00:29:42,614 INTERPRET THE LAW GOING FORWARD? 1176 00:29:42,681 --> 00:29:44,116 INTERESTINGLY, JUST FIVE YEARS 1177 00:29:44,182 --> 00:29:46,118 AGO, ALITO ARGUED THE FORMER, 1178 00:29:46,184 --> 00:29:48,120 SAYING THAT SHADOW DOCKET 1179 00:29:48,186 --> 00:29:49,121 DECISIONS "DO NOT MAKE PRECEDENT 1180 00:29:49,187 --> 00:29:51,123 ON THE UNDERLYING ISSUE." 1181 00:29:51,189 --> 00:29:52,658 BUT LATELY, OTHER JUSTICES HAVE 1182 00:29:52,724 --> 00:29:54,126 ARGUED THE OPPOSITE. 1183 00:29:54,192 --> 00:29:55,694 BOTH GORSUCH AND KAVANAUGH AT 1184 00:29:55,761 --> 00:29:57,195 ONE POINT ISSUED A RULING 1185 00:29:57,262 --> 00:29:58,196 REPRIMANDING A LOWER COURT FOR 1186 00:29:58,263 --> 00:29:59,698 NOT TREATING A SHADOW DOCKET 1187 00:29:59,765 --> 00:30:00,632 DECISION AS PRECEDENT, SAYING, 1188 00:30:00,699 --> 00:30:02,200 "LOWER COURT JUDGES MAY 1189 00:30:02,267 --> 00:30:03,635 SOMETIMES DISAGREE WITH THIS 1190 00:30:03,702 --> 00:30:04,636 COURT'S DECISIONS, BUT THEY ARE 1191 00:30:04,703 --> 00:30:07,139 NEVER FREE TO DEFY THEM." 1192 00:30:07,205 --> 00:30:08,640 AND IT'S PRETTY SHITTY TO 1193 00:30:08,707 --> 00:30:09,708 ADMONISH SOMEONE FOR NOT 1194 00:30:09,775 --> 00:30:11,143 UNDERSTANDING RULES THAT ARE NOT 1195 00:30:11,209 --> 00:30:12,144 ONLY UNCLEAR, BUT SEEM TO BE 1196 00:30:12,210 --> 00:30:14,313 CONSTANTLY CHANGING. 1197 00:30:14,379 --> 00:30:16,148 IT'S THE JUDICIAL EQUIVALENT OF 1198 00:30:16,214 --> 00:30:16,715 GETTING YELLED AT IN THE TSA 1199 00:30:16,782 --> 00:30:17,649 LINE. 1200 00:30:17,716 --> 00:30:18,650 "HEY, SHOES OFF. 1201 00:30:18,717 --> 00:30:20,652 NO, JUST THE LEFT SHOE! 1202 00:30:20,719 --> 00:30:21,653 IT'S RIGHT SHOE ON AND LEFT 1203 00:30:21,720 --> 00:30:22,754 SHOES OFF! 1204 00:30:22,821 --> 00:30:23,655 LIKE IT'S "ALWAYS" BEEN. 1205 00:30:23,722 --> 00:30:26,191 KEEP YOUR BELT ON! 1206 00:30:26,258 --> 00:30:26,825 NO, NOT LIKE THAT, TIE IT AROUND 1207 00:30:26,892 --> 00:30:28,327 YOUR HEAD LIKE QUAILMAN! 1208 00:30:28,393 --> 00:30:29,661 FROM NICKELODEON'S DOUG! 1209 00:30:29,728 --> 00:30:36,735 IT'S NOT THAT COMPLICATED!" 1210 00:30:36,735 --> 00:30:40,172 YOU ARE NOT FREE TO DEFY ME! 1211 00:30:40,238 --> 00:30:41,173 ALL THIS CONFUSION IS 1212 00:30:41,239 --> 00:30:42,174 UNDERSTANDABLY FRUSTRATING TO 1213 00:30:42,240 --> 00:30:43,175 LOWER COURT JUDGES WHO'D BE MORE 1214 00:30:43,241 --> 00:30:44,042 THAN HAPPY TO DEFER TO THE 1215 00:30:44,109 --> 00:30:44,676 SUPREME COURT IF IT'D JUST TELL 1216 00:30:44,743 --> 00:30:45,544 THEM WHAT THE FUCK THEY'RE 1217 00:30:45,610 --> 00:30:48,180 DEFERRING TO. 1218 00:30:48,246 --> 00:30:49,181 HERE'S ONE JUDGE VENTING ABOUT 1219 00:30:49,247 --> 00:30:50,682 THAT EXACT PROBLEM: 1220 00:30:50,749 --> 00:30:51,683 >> THAT'S WHY WE NEED AN OPINION 1221 00:30:51,750 --> 00:30:53,318 FROM THE SUPREME COURT, BECAUSE 1222 00:30:53,385 --> 00:30:54,686 WE DON'T NEED A FUTURE SUPREME 1223 00:30:54,753 --> 00:30:55,687 COURT COMES AND SAYS, WELL, WE 1224 00:30:55,754 --> 00:30:56,688 DIDN'T REALLY SAY THAT BECAUSE 1225 00:30:56,755 --> 00:30:57,522 WE DIDN'T GIVE ANY REASONING 1226 00:30:57,589 --> 00:30:59,191 BEHIND IT. 1227 00:30:59,257 --> 00:31:01,193 PEOPLE NEED TO UNDERSTAND IT. 1228 00:31:01,259 --> 00:31:02,694 AND TO GIVE CONFIDENCE TO AN 1229 00:31:02,761 --> 00:31:03,695 OPINION, WE NEED TO UNDERSTAND 1230 00:31:03,762 --> 00:31:04,696 WHY YOU DID IT. 1231 00:31:04,763 --> 00:31:07,199 WE JUDGES WOULD JUST LOVE TO 1232 00:31:07,265 --> 00:31:08,633 HEAR YOUR REASONING AS TO WHY 1233 00:31:08,700 --> 00:31:09,701 YOU RULE THAT WAY. 1234 00:31:09,768 --> 00:31:10,535 THEN WE -- IT MAKES OUR JOB 1235 00:31:10,602 --> 00:31:12,204 EASIER. 1236 00:31:12,270 --> 00:31:13,705 WE WILL FOLLOW THE LAW, WE WILL 1237 00:31:13,772 --> 00:31:14,706 FOLLOW THE SUPREME COURT, BUT 1238 00:31:14,773 --> 00:31:15,807 WE'D LIKE TO KNOW WHAT IT IS WE 1239 00:31:15,874 --> 00:31:22,214 ARE FOLLOWING. 1240 00:31:22,280 --> 00:31:22,814 >> JOHN: EXACTLY, JUDGES WOULD 1241 00:31:22,881 --> 00:31:23,715 BE HAPPY TO FOLLOW DIRECTIONS IF 1242 00:31:23,782 --> 00:31:24,716 THE COURT JUST GAVE THEM SOME. 1243 00:31:24,783 --> 00:31:26,718 IF YOU BOUGHT A URFENSLORP 1244 00:31:26,785 --> 00:31:27,719 BOOKCASE FROM IKEA AND THE 1245 00:31:27,786 --> 00:31:28,720 INSTRUCTIONS WERE JUST THE 1246 00:31:28,787 --> 00:31:30,222 LITTLE GUY SHRUGGING AND 1247 00:31:30,288 --> 00:31:31,723 POINTING AT A BOOKCASE, YOU'D BE 1248 00:31:31,790 --> 00:31:35,227 JUSTIFIABLY PISSED. 1249 00:31:35,293 --> 00:31:36,228 GET OFF YOUR ABSTRACT SWEDISH 1250 00:31:36,294 --> 00:31:36,928 ASS AND GIVE ME SOME DIRECTIONS, 1251 00:31:36,995 --> 00:31:37,729 THAT'S THE ONLY REASON YOU'RE 1252 00:31:37,796 --> 00:31:40,732 HERE. 1253 00:31:40,799 --> 00:31:42,234 BUT MAYBE WHAT'LL HURT THE 1254 00:31:42,300 --> 00:31:43,235 SUPREME COURT THE MOST IN THE 1255 00:31:43,301 --> 00:31:44,736 LONG RUN IS THAT THESE DECISIONS 1256 00:31:44,803 --> 00:31:46,938 SEEM NAKEDLY POLITICAL. 1257 00:31:47,005 --> 00:31:48,740 BECAUSE IT TURNS OUT, THE BEST 1258 00:31:48,807 --> 00:31:50,242 PREDICTOR OF HOW THIS COURT WILL 1259 00:31:50,308 --> 00:31:51,743 RULE IN SHADOW DOCKET CASES 1260 00:31:51,810 --> 00:31:52,344 SEEMS TO BE WHO'S PRESIDENT AT 1261 00:31:52,411 --> 00:31:53,745 THE TIME. 1262 00:31:53,812 --> 00:31:54,746 FOR INSTANCE, THE BIDEN 1263 00:31:54,813 --> 00:31:56,248 ADMINISTRATION BROUGHT FAR FEWER 1264 00:31:56,314 --> 00:31:57,749 CASES TO THE SHADOW DOCKET, AND 1265 00:31:57,816 --> 00:31:58,750 WON JUST OVER HALF THE TIME, BUT 1266 00:31:58,817 --> 00:32:00,252 THE TRUMP ADMINISTRATION -- 1267 00:32:00,318 --> 00:32:01,753 WHICH USES IT FAR, FAR MORE -- 1268 00:32:01,820 --> 00:32:03,255 PREVAILS 84 PERCENT OF THE TIME. 1269 00:32:03,321 --> 00:32:06,258 AND LOOK: MAYBE THE JUSTICES 1270 00:32:06,324 --> 00:32:08,260 HAVE NUANCED REASONING FOR 1271 00:32:08,326 --> 00:32:09,361 VOTING HOW THEY DID, BUT IF THEY 1272 00:32:09,428 --> 00:32:11,263 DO, THEY'RE NOT SAYING SO. 1273 00:32:11,329 --> 00:32:13,932 AND THAT'S A BIG PROBLEM. 1274 00:32:13,999 --> 00:32:15,267 AND I KNOW, FOR TRUMP 1275 00:32:15,333 --> 00:32:16,268 SUPPORTERS, ALL OF THIS MAY BE 1276 00:32:16,334 --> 00:32:18,370 GRATIFYING IN THE SHORT TERM. 1277 00:32:18,437 --> 00:32:19,271 BUT AS THIS LAW PROFESSOR 1278 00:32:19,337 --> 00:32:22,274 EXPLAINS, OVER THE LONG TERM, 1279 00:32:22,340 --> 00:32:23,775 THIS APPROACH POSES RISKS TO THE 1280 00:32:23,842 --> 00:32:30,849 COURT'S VERY LEGITIMACY. 1281 00:32:32,851 --> 00:32:33,785 >> YOU KNOW, 20 YEARS AGO WHEN 1282 00:32:33,852 --> 00:32:34,419 ALL THE COURT WAS DOING THROUGH 1283 00:32:34,486 --> 00:32:35,287 EMERGENCY APPLICATIONS WAS 1284 00:32:35,353 --> 00:32:36,288 LAST-MINUTE STAYS OF EXECUTION, 1285 00:32:36,354 --> 00:32:36,888 I DON'T THINK THERE WAS A BIG 1286 00:32:36,955 --> 00:32:37,789 CLAMOR FOR THE JUSTICES TO 1287 00:32:37,856 --> 00:32:38,790 PROVIDE LENGTHY EXPLANATIONS. 1288 00:32:38,857 --> 00:32:40,292 BUT NOW THAT THESE ORDERS ARE 1289 00:32:40,358 --> 00:32:42,294 HAVING THESE PROFOUND EFFECTS ON 1290 00:32:42,360 --> 00:32:43,295 THE GROUND, THE FACT THAT WE SEE 1291 00:32:43,361 --> 00:32:46,298 THE COURT INTERVENING, 1292 00:32:46,364 --> 00:32:52,804 OFTENTIMES UNDOING HUNDREDS OF 1293 00:32:52,871 --> 00:32:53,805 PAGES OF ANALYSIS FROM LOWER 1294 00:32:53,872 --> 00:32:54,806 COURT JUDGES AND PROVIDING NO 1295 00:32:54,873 --> 00:32:55,941 EXPLANATION OF ITS OWN, I THINK 1296 00:32:56,007 --> 00:32:56,575 IT'S A REAL PART OF THE PROBLEM 1297 00:32:56,641 --> 00:32:57,375 AND IT DEPRIVES ALL OF US, THE 1298 00:32:57,442 --> 00:32:58,677 LOWER COURTS, THE RELEVANT 1299 00:32:58,743 --> 00:32:59,811 GOVERNMENT DECISION-MAKERS, THE 1300 00:32:59,878 --> 00:33:01,313 PUBLIC OF ANY ABILITY TO ASSESS 1301 00:33:01,379 --> 00:33:02,547 WHY THE JUSTICES RULED THE WAY 1302 00:33:02,614 --> 00:33:03,315 THEY DID. 1303 00:33:03,381 --> 00:33:03,815 >> JOHN: EXACTLY. 1304 00:33:03,882 --> 00:33:09,321 MY SON IS RIGHT. 1305 00:33:09,387 --> 00:33:09,888 QUICK SIDE NOTE: COME HOME, 1306 00:33:09,955 --> 00:33:11,323 NATHANIEL. 1307 00:33:11,389 --> 00:33:12,824 YOUR MOTHER IS ILL AND FOR HER 1308 00:33:12,891 --> 00:33:13,825 SAKE OUR FEUD MUST CEASE. 1309 00:33:13,892 --> 00:33:16,828 BUT HE IS RIGHT. 1310 00:33:16,895 --> 00:33:17,829 AS THE LEGAL DIRECTOR OF THE 1311 00:33:17,896 --> 00:33:19,831 ACLU PUT IT, "IF THE JUSTICES 1312 00:33:19,898 --> 00:33:21,833 CAN MAKE SIGNIFICANT DECISIONS 1313 00:33:21,900 --> 00:33:22,834 WITHOUT GIVING ANY REASONS, THEN 1314 00:33:22,901 --> 00:33:23,468 THERE'S REALLY NO LIMIT TO WHAT 1315 00:33:23,535 --> 00:33:25,337 THEY CAN DO." 1316 00:33:25,403 --> 00:33:26,838 WHICH IS NOT GOOD. 1317 00:33:26,905 --> 00:33:28,373 SO, WHAT DO WE DO? 1318 00:33:28,440 --> 00:33:29,341 WELL, THERE ARE A BUNCH OF FIXES 1319 00:33:29,407 --> 00:33:31,343 CONGRESS COULD IMPOSE, 1320 00:33:31,409 --> 00:33:32,077 ESPECIALLY GIVEN IT CONTROLS THE 1321 00:33:32,143 --> 00:33:33,845 SUPREME COURT'S BUDGET, 1322 00:33:33,912 --> 00:33:35,847 INCLUDING SIMPLY REQUIRING THE 1323 00:33:35,914 --> 00:33:37,349 COURT ISSUES WRITTEN 1324 00:33:37,415 --> 00:33:38,183 EXPLANATIONS WHENEVER RULING ON 1325 00:33:38,250 --> 00:33:39,351 THE SHADOW DOCKET. 1326 00:33:39,417 --> 00:33:40,418 WHICH REALLY DOESN'T SEEM TOO 1327 00:33:40,485 --> 00:33:44,356 MUCH TO ASK. 1328 00:33:44,422 --> 00:33:45,757 AND IF THAT BURDEN MEANS THAT 1329 00:33:45,824 --> 00:33:46,391 THEY WON'T BE ABLE TO DO AS MANY 1330 00:33:46,458 --> 00:33:46,958 SHADOW DOCKET CASES AS THEY 1331 00:33:47,025 --> 00:33:48,360 CURRENTLY ARE, ALL THE BETTER. 1332 00:33:48,426 --> 00:33:50,362 BUT THAT'S JUST THE BEGINNING. 1333 00:33:50,428 --> 00:33:51,363 SIGNIFICANT SUPREME COURT 1334 00:33:51,429 --> 00:33:52,597 REFORMS HAVE TO BE ON THE TABLE 1335 00:33:52,664 --> 00:33:52,864 NOW. 1336 00:33:52,931 --> 00:33:54,866 AND I KNOW MANY BALK AT THAT, 1337 00:33:54,933 --> 00:33:55,867 INCLUDING MEMBERS OF CONGRESS. 1338 00:33:55,934 --> 00:33:57,869 BUT THINK OF IT LIKE THIS: WHEN 1339 00:33:57,936 --> 00:33:59,371 THE SUPREME COURT ALLOWS THE 1340 00:33:59,437 --> 00:34:00,872 PRESIDENT TO ACT IN WAYS 1341 00:34:00,939 --> 00:34:02,874 CONTRARY TO STATUTES —- LIKE, 1342 00:34:02,941 --> 00:34:05,377 SAY, NOT SPENDING 1343 00:34:05,443 --> 00:34:06,845 CONGRESSIONALLY APPROPRIATED 1344 00:34:06,912 --> 00:34:07,512 FUNDING -— THAT'S SEIZING POWER 1345 00:34:07,579 --> 00:34:07,879 FROM CONGRESS. 1346 00:34:07,946 --> 00:34:08,880 AND MAYBE IT'S TIME FOR CONGRESS 1347 00:34:08,947 --> 00:34:09,880 TO START TAKING A LITTLE POWER 1348 00:34:09,947 --> 00:34:12,384 BACK. 1349 00:34:12,449 --> 00:34:14,085 AND I KNOW THE COURT ITSELF WILL 1350 00:34:14,152 --> 00:34:15,887 OBJECT TO THE IDEA IT'S A 1351 00:34:15,954 --> 00:34:16,987 POLITICAL BODY. 1352 00:34:17,054 --> 00:34:19,891 JUST THIS WEEK, CHIEF JUSTICE 1353 00:34:19,958 --> 00:34:20,891 JOHN ROBERTS WHINED THAT "PEOPLE 1354 00:34:20,958 --> 00:34:24,396 THINK WE'RE MAKING POLICY 1355 00:34:24,462 --> 00:34:25,397 DECISIONS. 1356 00:34:25,463 --> 00:34:26,764 I THINK THEY VIEW US AS TRULY 1357 00:34:26,831 --> 00:34:27,399 POLITICAL ACTORS, WHICH I DON'T 1358 00:34:27,465 --> 00:34:27,899 THINK IS AN ACCURATE 1359 00:34:27,966 --> 00:34:33,905 UNDERSTANDING OF WHAT WE DO." 1360 00:34:33,972 --> 00:34:34,539 BUT TO BE CLEAR, THIS IS A MESS 1361 00:34:34,606 --> 00:34:36,408 OF THE COURT'S OWN MAKING. 1362 00:34:36,474 --> 00:34:37,409 BECAUSE THERE'S SOMETHING BOTH 1363 00:34:37,475 --> 00:34:38,409 FRUSTRATING AND DEEPLY 1364 00:34:38,476 --> 00:34:38,944 PATRONIZING ABOUT JUSTICES 1365 00:34:39,010 --> 00:34:39,911 CHOOSING TO ISSUE UNEXPLAINED 1366 00:34:39,978 --> 00:34:41,045 RULINGS IN THE MIDDLE OF NIGHT, 1367 00:34:41,112 --> 00:34:42,246 ONLY POPPING THEIR HEADS OUT FOR 1368 00:34:42,313 --> 00:34:43,415 FAWNING INTERVIEWS WHEN THEY'VE 1369 00:34:43,481 --> 00:34:44,416 GOT A SHITTY BOOK TO SELL, AND 1370 00:34:44,482 --> 00:34:45,417 THEN SCOLDING US FOR NOT 1371 00:34:45,483 --> 00:34:46,418 UNDERSTANDING WHAT'S GOING ON 1372 00:34:46,484 --> 00:34:47,418 INSIDE THEIR GORGEOUS, PRISTINE 1373 00:34:47,485 --> 00:34:50,422 MINDS. 1374 00:34:50,487 --> 00:34:51,422 AND LOOK, AS WE'VE DISCUSSED 1375 00:34:51,489 --> 00:34:52,924 BEFORE, WHEN THEY DO WRITE THEIR 1376 00:34:52,991 --> 00:34:53,925 REASONING DOWN, IT OFTEN EXPOSES 1377 00:34:53,992 --> 00:34:55,927 THE DEGREE TO WHICH THEY CAN 1378 00:34:55,994 --> 00:34:56,928 SEEM TO REACH FOR PREDETERMINED 1379 00:34:56,995 --> 00:34:58,430 CONCLUSIONS BEFORE WORKING 1380 00:34:58,496 --> 00:34:58,997 BACKWARDS TO FILL IN A LEGAL 1381 00:34:59,064 --> 00:35:00,932 RATIONALE. 1382 00:35:00,999 --> 00:35:01,533 BUT AT LEAST THEY HAVE TO PUT 1383 00:35:01,600 --> 00:35:03,935 THE WORK IN. 1384 00:35:04,002 --> 00:35:06,338 AND I KNOW SOME WILL SAY NO 1385 00:35:06,404 --> 00:35:06,938 SUBSTANTIVE COURT REFORM IS 1386 00:35:07,005 --> 00:35:07,939 LIKELY TO HAPPEN DURING THIS 1387 00:35:08,006 --> 00:35:08,440 ADMINISTRATION, WHICH IS 1388 00:35:08,506 --> 00:35:10,442 OBVIOUSLY TRUE. 1389 00:35:10,508 --> 00:35:11,443 BUT IT'S STILL WORTH STARTING 1390 00:35:11,509 --> 00:35:13,745 THE CONVERSATION NOW. 1391 00:35:13,812 --> 00:35:14,946 BECAUSE THERE ARE LOTS OF IDEAS 1392 00:35:15,013 --> 00:35:16,448 FOR COURT REFORM -- FROM ADDING 1393 00:35:16,514 --> 00:35:18,450 JUSTICES, TO NO LONGER ALLOWING 1394 00:35:18,516 --> 00:35:19,918 THE COURT TO SET ITS OWN DOCKET 1395 00:35:19,985 --> 00:35:20,952 -- AND THEY ALWAYS SEEM TO GET 1396 00:35:21,019 --> 00:35:21,953 KICKED DOWN THE ROAD FOR A LATER 1397 00:35:22,020 --> 00:35:23,455 DISCUSSION. 1398 00:35:23,521 --> 00:35:25,457 YOU MAY REMEMBER JOE BIDEN CAME 1399 00:35:25,523 --> 00:35:26,458 INTO OFFICE AND HANDED THE IDEA 1400 00:35:26,524 --> 00:35:27,459 OF COURT REFORM OFF TO A 1401 00:35:27,525 --> 00:35:28,460 BLUE-RIBBON COMMISSION. 1402 00:35:28,526 --> 00:35:29,961 AND IF YOU'RE THINKING, "OH 1403 00:35:30,028 --> 00:35:30,962 YEAH, WHAT THE FUCK BECAME OF 1404 00:35:31,029 --> 00:35:32,464 THAT?" 1405 00:35:32,530 --> 00:35:33,965 HE ACTUALLY RELEASED A SET OF 1406 00:35:34,032 --> 00:35:35,467 PROPOSALS IN JULY OF 2024. 1407 00:35:35,533 --> 00:35:36,835 YOU MIGHT'VE MISSED IT. 1408 00:35:36,901 --> 00:35:37,469 NOT ONLY BECAUSE IT WAS AROUND A 1409 00:35:37,535 --> 00:35:39,971 MONTH AFTER HE IMPLODED ON THE 1410 00:35:40,038 --> 00:35:40,572 DEBATE STAGE, BUT ALSO BECAUSE 1411 00:35:40,639 --> 00:35:41,973 IT WAS THE WEEK AFTER HE 1412 00:35:42,040 --> 00:35:43,975 WITHDREW FROM THE RACE. 1413 00:35:44,042 --> 00:35:45,477 AND NOBODY WAS GOING TO BE 1414 00:35:45,543 --> 00:35:47,479 READING THAT REPORT THEN. 1415 00:35:47,545 --> 00:35:48,480 THE ONLY THING PEOPLE WERE 1416 00:35:48,546 --> 00:35:49,648 READING THAT WEEK WERE 500 1417 00:35:49,714 --> 00:35:50,982 DIFFERENT TWEETS ABOUT HOW 1418 00:35:51,049 --> 00:35:53,485 KAMALA WAS BRAT. 1419 00:35:53,551 --> 00:35:54,786 IT WAS A WEIRD TIME, BUT IT ALL 1420 00:35:54,853 --> 00:35:57,489 WORKED OUT. 1421 00:35:57,555 --> 00:35:58,990 THE POINT IS, WE HAVE TWO AND A 1422 00:35:59,057 --> 00:36:00,558 HALF YEARS BETWEEN NOW AND THE 1423 00:36:00,625 --> 00:36:01,493 NEXT ELECTION TO LAY THE 1424 00:36:01,559 --> 00:36:02,994 GROUNDWORK FOR CHANGE. 1425 00:36:03,061 --> 00:36:06,131 AND I'D ARGUE IT'S WORTH DOING. 1426 00:36:06,197 --> 00:36:07,999 BECAUSE THIS COURT HAS ERODED 1427 00:36:08,066 --> 00:36:09,000 PEOPLE'S CONFIDENCE TO THE POINT 1428 00:36:09,067 --> 00:36:11,002 IT'S NOW CONSIDERED A POLITICAL 1429 00:36:11,069 --> 00:36:12,003 ARM INSTEAD OF A NECESSARY CHECK 1430 00:36:12,070 --> 00:36:14,339 ON POLITICAL POWER. 1431 00:36:14,406 --> 00:36:15,507 AND IF YOU ASK ME, THAT 1432 00:36:15,573 --> 00:36:17,142 QUALIFIES AS -- IF I MAY BORROW 1433 00:36:17,208 --> 00:36:19,010 A PHRASE -- ACTUAL IRREPARABLE 1434 00:36:19,077 --> 00:36:21,012 FUCKING HARM. 1435 00:36:21,079 --> 00:36:25,016 AND NOW THIS. 1436 00:36:25,083 --> 00:36:31,523 >> Announcer: AND NOW FOR 1437 00:36:31,589 --> 00:36:33,024 MOTHER'S DAY, JUST LEAVE MOM THE 1438 00:36:33,091 --> 00:36:34,025 FUCK ALONE. 1439 00:36:34,092 --> 00:36:35,226 >> IT IS MOTHER'S DAY WEEKEND, A 1440 00:36:35,293 --> 00:36:36,661 TIME WHERE WE TRY TO GIVE CREDIT 1441 00:36:36,728 --> 00:36:38,029 WHERE CREDIT IS DUE AND SO 1442 00:36:38,096 --> 00:36:38,530 LIBERATE OUR MOTHERS. 1443 00:36:38,596 --> 00:36:40,031 MOST PEOPLE GET THEIR MOTHERS 1444 00:36:40,098 --> 00:36:41,032 CARDS, MAYBE FLOWERS AND SOME 1445 00:36:41,099 --> 00:36:42,534 GOODIES, YOU CAN EVEN TAKE HER 1446 00:36:42,600 --> 00:36:44,035 FOR A SUNDAY MORNING. 1447 00:36:44,102 --> 00:36:46,104 >> ANOTHER GOOD ONE IS TO BE 1448 00:36:46,171 --> 00:36:47,038 LEFT ALONE! 1449 00:36:47,105 --> 00:36:48,540 >> THE ANSWER TO THE QUESTION 1450 00:36:48,606 --> 00:36:51,543 WHAT WILL MOMS GET ON SUNDAY? 1451 00:36:51,609 --> 00:36:52,043 >> REST, RELAXATION. 1452 00:36:52,110 --> 00:36:54,546 BE LEFT ALONE. 1453 00:36:54,612 --> 00:36:56,147 AND WHAT WE APPRECIATE THE MOST 1454 00:36:56,214 --> 00:36:57,048 IS ALONE TIME. 1455 00:36:57,115 --> 00:36:58,183 >> I'M JUST SAYING. 1456 00:36:58,249 --> 00:36:59,184 >> PEACE AND QUIET. 1457 00:36:59,250 --> 00:37:00,552 >> MAYBE HE WILL GIVE ME SOME 1458 00:37:00,618 --> 00:37:05,056 PEACE AND QUIET, FINALLY. 1459 00:37:05,123 --> 00:37:05,557 >> OKAY. 1460 00:37:05,623 --> 00:37:06,558 WE WILL SEE. 1461 00:37:06,624 --> 00:37:07,192 >> YOU PROBABLY DON'T HAVE A 1462 00:37:07,258 --> 00:37:08,560 CLUE WHAT'S GOING ON AND THAT'S 1463 00:37:08,626 --> 00:37:09,561 A GOOD THING. 1464 00:37:09,627 --> 00:37:11,129 >> I HAVE A CLUE, I TOLD HIM 1465 00:37:11,196 --> 00:37:13,064 LEAVE ME ALONE, LET ME SLEEP IN 1466 00:37:13,131 --> 00:37:14,065 BED AND LET ME RELAX. 1467 00:37:14,132 --> 00:37:15,133 >> I WANT SLEEP IN PEACE AND 1468 00:37:15,200 --> 00:37:15,567 QUIET. 1469 00:37:15,633 --> 00:37:16,768 >> I SAY EVERY YEAR, MY HUSBAND 1470 00:37:16,835 --> 00:37:18,069 KNOWS TO LEAVE ME ALONE. 1471 00:37:18,136 --> 00:37:19,170 THAT'S ALL I WANT. 1472 00:37:19,237 --> 00:37:20,638 >> I'M DOWN TO DO A BREAKFAST OR 1473 00:37:20,705 --> 00:37:23,074 A LUNCH AND THEN LEAVE ME ALONE. 1474 00:37:23,141 --> 00:37:24,209 >> SHE WANTS A HOTEL ROOM AND TO 1475 00:37:24,275 --> 00:37:26,077 BE LEFT ALONE. 1476 00:37:26,144 --> 00:37:28,079 >> JUST LET MOM STAY IN BED AND 1477 00:37:28,146 --> 00:37:29,080 THAT MAY DO IT. 1478 00:37:29,147 --> 00:37:31,149 >> JUST SLIP A NOTE UNDER THE 1479 00:37:31,216 --> 00:37:31,583 DOOR. 1480 00:37:31,649 --> 00:37:32,650 >> I LIKE AND BANK CARDS OR 1481 00:37:32,717 --> 00:37:33,585 ANYTHING SENTIMENTAL BECAUSE IT 1482 00:37:33,651 --> 00:37:35,086 PUTS THOUGHT AND IT AND IT IS 1483 00:37:35,153 --> 00:37:35,587 SWEET. 1484 00:37:35,653 --> 00:37:39,090 AND LEAVE ME ALONE. 1485 00:37:39,157 --> 00:37:40,692 >> John: THAT IS OUR SHOW, 1486 00:37:40,759 --> 00:37:42,761 THINK IS SO MUCH FOR WATCHING, 1487 00:37:42,827 --> 00:37:44,095 SEE YOU NEXT WEEK, GOOD NIGHT! 1488 00:37:44,162 --> 00:37:51,169 [CHEERING AND APPLAUSE] 1489 00:37:53,671 --> 00:37:54,506 [SNORING]