Student Loans, Primaries, 4th Amendment

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Trey & Ken start the show by deep diving into Biden’s executive action on student loan forgiveness. Ken argues it is good for the country, won’t impact inflation, and is constitutionally valid. Trey argues that it will increase the cost of higher education in the long run and is simultaneously a sign of a President overstepping his power in order to win midterm votes. 

Next, the pair looks not only at the most recent primaries on Tuesday, but they get deep into midterm predictions, especially for the Senate, New York and Florida. Ken stands by his argument that the Senate remains in Democrats hands. They also talk about what more local races may mean for the national midterms.

The close the show by discussing a brand new district court ruling that public universities that use proctoring software may be violating the 4th Amendment’s protection against unlawful searches.

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Trump Raid, Espionage Act, Alaska & Wyoming Primaries

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Mike & Jay kick off the show by discussing the possibility that the affidavit used to obtain the FBI’s search warrant on Donald Trump’s home and office might be made public, at least in redacted form. They both agree that the unusual circumstances seem to merit more public information than we currently have, though they remain doubtful as to whether we’ll ever see much of the affidavit. They also consider the larger issues concerning the wisdom of the search and how this is likely to improve Trump’s 2024 presidential chances. Throughout, they make far too many Roscoe P. Coltrane (from The Dukes of Hazzard) references.

They follow this up by considering Kentucky Republican Senator Rand Paul’s call to repeal the Espionage Act. While on one level it may seem like a Republican partisan attempting to shield Trump from prosecution, the Guys point out that the Espionage Act has been used for what they see as unjust (and unconstitutional) prosecutions. But the portions of the Espionage Act that were clearly unconstitutional have long been repealed.

Next, they turn to primary elections in Alaska and Wyoming and what they say about Donald Trump’s hold on the GOP. Mike is inclined to not read too much into Alaska because of its unique politics. Jay argues that Liz Cheney may have succumbed to anti-Trump hysteria and doesn’t see her as a viable 2024 presidential candidate.

Mike’s Recommendation
Reacher (Amazon Prime)

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Michelle Wilde Anderson on Reimagining Discarded America

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Mike talks with Michelle Wilde Anderson, professor of property, local government, and environmental justice at Stanford Law School, about her recently released book, The Fight to Save the Town: Reimagining Discarded America.

Topics Mike & Michelle Cover Include:

  • the problem of citywide poverty
  • poor cities and gateway cities
  • ineffective “solutions” to citywide poverty
  • how pathologizing poor cities as failed and corrupt makes things worse
  • the importance of rebuilding trust in tackling citywide poverty
  • poverty & hope in Stockton California; Josephine County, Oregon; Lawrence, Massachusetts; and Detroit Michigan

Michelle Wilde Anderson on Twitter

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FBI Trump Raid, Good(ish) Inflation News, Protecting Veterans

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Mike & Jay devote the bulk of the episode to an in-depth – and at times heated – discussion of the FBI’s execution of a search warrant on Donald Trump’s Mar-a-Lago home and office. They discuss the wisdom of seizing files in Trump’s possession, whether or not the Department of Justice exhausted all other means before taking such an unprecedented step, how Attorney General Garland has handled the raid and political fallout, and what they think the consequences of the seizure may be.

Next, they look at the latest inflation numbers, which are an improvement from the last few months. This has Mike feeling at least somewhat optimistic, but as Jay cautions, there are still major issues with inflation and it may be too soon for anyone to start celebrating.

After that they discuss the PACT Act, which makes it easier for veterans who may have suffered ill effects from toxic burn pits to get VA medical care. Both Mike and Jay think it’s good legislation, with Mike having a personal interest, having been exposed to toxic burn pits while serving with the Marines in Saudi Arabia.

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Kansas Abortion Vote, Midterm Primaries, Codifying Roe, Finland and Sweden in NATO, Pelosi’s Taiwan Visit

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After discussing Ken’s need for a title like Jay’s, Trey and Ken tackle the recent upset vote in Kansas on the “Value Them Both” ballot initiative. Ken thinks this means that the Democrats will hold or gain seats in the Senate. Trey isn’t sure that it changes the midterm outcomes, but he does see important cleavages inside the Republican Party. Trey argues that it is easier, and more viable electorally, to take positions than to govern.

Next they talk more broadly about the primary races across the country. One big question is how well Trump supports did, such as in Arizona. Ken, again, sees this as bolstering Democrats in the midterm. Trey, pointing to the most recent polling data, cautions that given that President Biden is being outpolled by former President Trump. They discuss the meaning of the data and how it applies in Pennsylvania.

After that the pair discuss the Senates attempt to codify Roe. The question is: how many votes should the Senate take on various measures to get themselves and the Republicans on the record. Ken argues that they should and they should do so repeatedly in order to maximize their advantage on the social issue.

Then it is a brief discussion of the Senates vote to include Finland and Sweden in NATO. They also discuss Josh Hawley’s lone dissenting vote and what, if anything, it means.

They close with a discussion of Pelosi’s trip to Taiwan. While they are both in agreement over the value of the trip, they disagree over what they see as the tactic by Biden to isolate the trip. Trey sees it as Biden playing into a view of being weak, while Ken thinks it is strategically smart not to attach the one China policy head on right now.

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