Month: December 2023

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Mike and Jay open the episode with a look at multiple state decisions concerning whether or not Donald Trump is eligible to appear on the GOP primary ballot. They consider the 14^th Amendment’s Insurrection Clause and whether the elements apply to Trump, the authority of state officials to rule on this, and how (or even if) they believe the Supreme Court will rule on the issue.

Following that is a discussion of immigration policy as another large migrant caravan makes its way to the United States. Jay argues that our immigration system is broken and Mike agrees, though he pushes back on Jay’s claim that we have essentially open borders. They discuss what sort of compromise is possible and who may be standing in the way of action on immigration.

Then it’s back to Trump, considering the Supreme Court’s decision to not take up his presidential immunity claim before the D.C. Circuit has a chance to rule. They both see this as the correct decision and a positive development for Trump, even though it’s unlikely he’ll avoid a jury verdict before January of 2025.

They close with what a second Trump term might mean for trade, a prospect both Mike and Jay find deeply troubling.

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Trey & Ken continue through the U.S. Constitution’s Bill of Rights by diving into the 1st Amendment’s Free Press clause. They also look at how Free Speech and Free Press are intertwined. Finally, they look at the limits of these rights inside of civil actions along with a discussion of prior restraint.

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Trey and Ken start the episode discussing the recently passed National Defense Authorization Act (NDAA). Three key items the hosts zero in on are: the nature of passing it with bipartisan support, the temporary renewal of Section 702 of the Foreign Intelligence Surveillance Act, and funding for Ukraine.

Next, they discuss the newly passed impeachment inquiry vote in the House along with Hunter Biden’s decision to defy a Congressional subpoena. Here things get heated. Trey sees Hunter’s decision as emblematic of his long standing wrong doing while Ken sees Hunter no differently than how any other family member has exploited the White House for profit. They also disagree over whether he should have testified. Trey says yes and Ken says Hunter was right to defy the order.

The pair close on the most recent events in the Hamas / Israel conflict. This includes a discussion of the growing split on the left over support for Israel and Ken trying to help Trey understand why many on the left see Israel as a colonizer state.

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Mike and Jay open the episode with a discussion of the indictment of Hunter Biden on multiple tax-related charges, as well as the broader House Republican investigation into the Biden family. They agree that Hunter Biden almost certainly cheated the federal government but that there’s nothing yet that links his activities to any illegal actions on the part of Joe Biden. (Though Jay is less certain of this than Mike is.)

From there, they turn to Senate Republicans blocking passage of aid to Ukraine and Israel over demands for more border security. Mike points out that President Biden is ahead of much of his party on this issue, while Jay sees a deal being made sometime before the end of the year.

Next is a look at the indictment of six fake electors in Nevada, which comes after similar actions in other states. Mike sees this as an appropriate action that will give those with crazy ideas pause, while Jay wonders if it may represent the criminalization of politics.

They close on the Supreme Court case of Moore v United States, which has the potential to upend the tax code and cost the federal government trillions of dollars. Neither Mike nor Jay buys the government’s constitutional argument, but Mike thinks that this is a case where pragmatism will likely outweigh constitutional purity. Jay is concerned that the Court could rule in a way that would give Congress too much taxing authority.

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Trey & Ken continue through the U.S. Constitution’s Bill of Rights by diving into the 1st Amendment’s Free Speech clause. What, if any, restrictions can government place on speech? What is and to what extent do people have symbolic speech rights? All of this and a host of court cases covered on this week’s episode.

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Trey and Ken open the episode covering two recent deaths: Henry Kissinger and Sandra Day O’Connor. Trey outlines the positives and the controversies of Kissinger’s international realism, along with both his opening of China and his support for authoritarian regimes. Ken highlights the swing vote legacy of O’Connor, despite her own desire not to be seen in that light during her lifetime.

Next, they turn to the U.S. House’s expelling of George Santos. Trey outlines the Constitution’s flexibility on the issue, agrees with his ousters, and sees in it the possibility for a move away from Trumpianism in the Republican Party. Ken is less optimistic, but agrees with Santo’s ouster.

They close with a look at the Supreme Court oral arguments over SEC v Jarkesy and the 5th Circuit Court’s opinion questioning the administrative state. Trey sees potential issues with a consecration of power in a singular agency of powers, and institutions, designed to be divided. Ken believes there is less to fear and no Constitutional problem with vesting an administrative agency with executive, legislative, and judicial power.

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