Month: February 2020

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This week Trey is joined by Ken. The two start the show by discussing what it means for a presidential candidate to be electable. Given the focus on Sanders post Nevada the pair focus specifically on how him in a general election against President Trump. Trey and Ken explore what historically drives candidates to be viable outside of the horse race narrative. Trey’s interest in the Democratic primary makes him particularly concerned for a candidate that can beat Trump. He believes that voters will more generally punish Sanders for his socialist policies, but that the recent market correction will aid him. Ken agrees that Sanders has a liability in his socialist title, he thinks it is a smaller problem and can be fixed with proper messaging.

Next the pair turn to the issue of the Consumer Financial Protection Bureau (CFPB). This agency, created via Dodd Frank, is at the center of an unusual controversy over the relationship between the President and Congress. The Supreme Court took the case this week. The key controversy surrounds presidential appointment: can president’s be restricted by Congress in their removal power? Trey recounts the history of the removal power and the facts of the case, Ken explores the likely Supreme Court outcome.

Finally Trey and Ken turn to the recent case of Patterson v. Walgreen. This case, which the Supreme Court declined to hear this week, more narrowly defines religious exemptions for employees. Specifically, as outlined by Trey, Patterson was fired for not coming to work on a Saturday due to his Seventh Day Adventist practices. The lower courts ruled that Walmart did have the power to fire him. Ken believes the lower courts were wrong, but he surprises Trey by suggesting that he disagrees with religious exemptions for generally applicable laws.

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This week, Mike and Kristin first take on the issue of pardoning. They discuss Trump’s most recent 11 pardons and commutations. Mike’s concern is rooted in who President Trump has pardoned – largely his political friends and allies. Kristin brings up historical pardoning to these ends, as well as the First Step Act in relation to Mike’s point that Trump could be doing much more for overlooked nonviolent offenders. On a broad scale, they also discuss the Founding Fathers’ original intentions when creating the power of pardoning and whether this deserves a second look, as we seem to have drifted from these intentions over time.

Next, Mike and Kristin give their impressions of the Democratic Debate that took place in Nevada (ahead of the Nevada Caucuses) this past week. Mike elaborated on his impressions as a Democratic voter, the factors he feels are most important for voters to consider, and the strengths and weaknesses of each candidate. Kristin also gave her impressions about candidate strategy. In the end, Mike said that he wasn’t sure who he’d cast his primary vote for, but that he’d let the audience know soon.

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After a big announcement about some significant changes to the podcast, Mike and Jay turn to a discussion of the independence and integrity of the Justice Department and its leader, Attorney General William Barr. Mike attempts to understand Barr based on his views of executive authority, which Mike believes are wrongheaded. Jay, on the other hand, thinks that Barr is absolutely right about sweeping executive authority. One thing Mike and Jay agree on is that President Trump’s tweets about ongoing Justice Department cases make it very difficult for Barr to convince people that the department is acting with integrity.

After that, they turn to the New Hampshire primary and the state of the Democratic race. Mike argues that it’s far too soon for anyone to panic, though Jay thinks that some panic might be appropriate for Joe Biden and Elizabeth Warren. With Bernie Sanders emerging as an early frontrunner, the Guys next discuss what a Sanders presidency might look like, and whether or not Democratic Socialism is something to be applauded or shunned.

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This week Trey and Ken are joined by Mike and the three begin the show by discussing the final impeachment vote. Ken notes the historic nature of Romney as the first to ever cross party lines for an impeachment vote. Trey argues that Romney is the consistent conservative and both the Republicans and Democratic parties have shifted around him. Mike and Ken counter that Republicans are the party that has far more profoundly shifted. Ken is not surprised, but disappointed, that President Trump was not found guilty. Mike, although he believes President Trump to be guilty, does not agree the President should have been found guilty. For Mike the penalty did not fit the crime.

Next the trio turn to Iowa and the procedural mess that resulted from the use of a new app. All three agree that it might mean the end of Iowa as the first in the nation status. While there are downsides to that, all agree this is generally a positive development if it occurs. The three also address what, if anything, the results mean to an ultimate winner. Ken sticks by his assessment earlier last year that Joe Biden would fade early and never recover. Mike continues to disagree and argues that, while Biden will fade, he has enough momentum to win the nomination.

Then the three turn their attention to Attorney General Barr’s three page memo outlining new rules for investigations of political figures. Specifically the memo gives the Attorney General the power to determine which, if any, political investigations can be undertaken. Ken and Mike generally agree this is evidence of further corruption on the part of the Trump administration. Trey counters that it is perfectly consistent with presidential power to make the determination political and that Ken and Mike would not find it an abuse of power if it was someone other that Barr at the helm.

Finally the trio discuss the State of the Union Address. Here the focus is on the images of the handshake denied and Pelosi’s ripping up of the address itself. Trey worries that these “memeable” moments are all that matters. Further that political communication is primarily about effectively creating such images. Mike agrees to a degree, but Ken doesn’t think such discourse ultimately effects real political outcomes.

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In this episode, Mike & Kristin address listener questions on:

• the ramifications of President Trump’s acquittal in the Senate
• how those who abused the FISA warrant process should be held to account
• prospects and strategies for progressives
• our dominant political principles
• why many evangelical Christians are enthusiastic Trump supporters
• what our main political news sources are, and why we’ve chosen them

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This week, Mike and Kristin cover the latest news regarding the impeachment trial. In an effort to cover different items and fuel different discussions than those all over mainstream news , they both lay out their personal highlights of the week. Mike brings up Alan Dershowitz’s odd defense of the President and the backlash he faced, while Kristin discusses some of the procedural shortcomings of Democratic lawmakers. They agree that the President will likely be acquitted on Wednesday, on the true nature of “impeachment” as laid out by the Founding Fathers, and that it’s apparent that both sides seem to have surrendered to partisan pandering.

Mike and Kristin also discuss the Iowa Caucuses, which are just days away. Mike weighs in on the “Stop Bernie” movement, saying that he doesn’t think it has risen to the level of a “movement” yet. He also predicts that Sanders and Biden will emerge the frontrunners in Iowa, but that there is growing doubt, once again, that Sanders would be a formidable opponent to Trump in November – an argument he deems valid. Kristin agrees, and makes the point that the Iowa Caucuses are more about momentum than anything else, which Sanders has. They also discuss the low likelihood that “purple” states and swing states would move to support a Sanders nomination and how this could impact other elections later this year.

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