The Politics Guys

We’re releasing this second “not actually a midweek episode” episode following President Biden’s announcement that he won’t be running for reelection. That was all we covered in the preview of the midweek episode that dropped earlier today, and now that events have overtaken our analysis, we thought you deserved more than a suddenly very dated analysis of whether or not Biden would leave the ticket. Next week, we’ll be considering all of the potential implications of Biden’s exit, but for now we hope you’ll enjoy the rest of Mike and Jay’s discussion, which covers Judge Aileen Cannon’s dismissal of the Trump documents case and the conviction of New Jersey US Senator Robert Menendez. The Politics Guys on Facebook | X Check out Mike’s other podcast -  Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike talks about the The Jordan Harbinger Show. Hope you enjoy it too.

Mike and Jay open the preview of this special early-release edition of the midweek supporters’ show with a discussion of the Democratic National Committee’s plan to hold a virtual roll-call vote in the first week of August to nominate Joe Biden. Mike hopes that doesn’t end up happening, but is skeptical of the press reports saying that it’s almost a foregone conclusion that Biden will bow to pressure and end his reelection campaign. Jay, who hopes Biden is the candidate, seeing him as more beatable than the alternatives, thinks Biden won’t end up being the Democrats’ nominee. Next, they consider Judge Aileen Cannon’s dismissal of the classified documents case against Donald Trump. Jay believes that Cannon got it right on the law. Mike is less sure about that, and argues that less thana month ago, the Supreme Court heard a case coming from Special Counsel Jack Smith and, aside from Justice Thomas’ solo concurrence, voiced no concern with how Smith was appointed. They close with a look at the conviction of New Jersey Democratic US Senator Robert Menendez. Mike thinks that Menendez might have reasonable grounds for appeal on “speech or debate clause” grounds. Jay finds that almost laughable, but given how the Supreme Court ruled on Donald Trump’s executive immunity, Mike’s not laughing. The Politics Guys on Facebook | X Check out Mike’s other podcast -  Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike and Jay open with a discussion of the attempted assassination of Donald Trump. While there’s a lot we still don’t know, it’s clear that the Secret Service failed to do its job. Mike and Jay agree that Secret Service Director Kimberly Cheatle shouldn’t still have her job, though Mike contends that those on the right blaming what happened on “DEI hires” are engaged in rampant speculation to promote their ideological agenda. Next is a look at Ohio US Senator JD Vance, who Trump picked as his running mate. Jay still doesn’t think Vance was a great choice, though he attempts to work out what Vance might bring to the ticket. Mike argues that VPs bring almost nothing to the ticket and that the simplest way to understand Trump’s selection of Vance is that Trump just went with his gut. Mike also argues that the selection of Vance points to a MAGAfied GOP even after Trump leaves the scene. In considering the Republican Convention at which Trump and Vance were formally nominated, Mike found that the GOP seems to be looking to the past and not at all like the optimistic, future-oriented party of Ronald Reagan. Jay points out that the Republicans did a great job of bringing in “real Americans” to drive home the point that the Republican Party is fighting for Americans who are looked down on by elites. The Politics Guys on Facebook | X Check out Politics in Question, Mike’s other podcast - Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike talks with educator, researcher, and writer Sarah Towle about her latest book, Crossing the Line: Finding America in the Borderlands. Topics Mike and Sarah Discuss Include: - the historical roots of our current immigration issues - the connection between trade policy and immigration - why prevention through deterrence hasn’t worked - if “remain in Mexico” is a viable approach to asylum seekers - immigrants, crime, and American jobs - helping border communities cope with the flow of migrants - what a more efficient, effective, and humane border policy might look like Sarah Towle on X The Politics Guys on Facebook | X Check out Mike’s other podcast -  Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the preview of this midweek supporters’ episode, Jay is joined by Justin Holmes from the University of Northern Iowa (whose opinions, as always are his own and not reflective of his employer, the people of the great state of Iowa, or its 20 Million head of hogs). They open by taking up the failed vote to hold Merrick Garland in contempt of Congress for refusing to turn over Robert Hur’s recordings of his interviews with President Biden. They discuss the legal merits of contempt, the challenges of enforcement, bills of attainder, and campaign implications. (Spoiler alert, Republicans win either way, if anyone is paying attention to this.) They close with a discussion of the Heritage Foundation’s Project 2025, which has gotten a lot of attention recently as a potential blueprint for a second Trump administration. They initially focus on potential changes to the DOJ and continue with a broader discussion of the role of bureaucracy in a democracy, where Justin attempts to find common ground between the great political philosophers Edmund Burke and Jello Biafra. They try to get to the bottom of whether these are new ideas, whether they’re good ideas, whether they’re going to be guiding principles for Donald Trump, and why Democrats are so concerned. The Politics Guys on Facebook | X Check out Mike’s other podcast - Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jay is joined by Justin Holmes from the University of Northern Iowa (whose opinions, as always are his own and not reflective of his employer, the people of the great state of Iowa, or its 20 Million head of hogs). The show kicks off with a discussion of the ongoing calls for President Biden to end his campaign. They start with a divide over how bad of shape Biden is in cognitively and mainstream press coverage (Jay thinks it’s about time the mainstream press picks up on Biden’s problems, Justin thinks the coverage is overblown). They then discuss the process for removing Biden from the ticket (there’s not a clean one), who the contenders are, and what their odds are. Next, they turn their attention to Trump’s potential Vice Presidential Choices, and what each brings to the ticket. They conclude with a discussion of AOC’s impeachment resolution against Justices Thomas and Alito for accepting gifts. Jay discusses whether they did anything illegal, and Justin and Jay disagree about how much meddling Congress should have in regulating the Supreme Court, but they both agree that accepting valuable gifts is a bad look, and that Harlan Crow should take them to Bali. The Politics Guys on Facebook | X Check out Mike’s other podcast -  Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike and May open the preview of this supporters’ midweek episode with a discussion of the Supreme Court decision allowing municipalities to deal with homeless encampments by bans on outdoor camping. Mike is all over the place on this one, finding something to like (and dislike) on all sides, while May believes that the majority got it right. Next, they consider the Court’s ruling in Moody v. NetChoice, involving efforts by Florida and Texas to regulate social media they believe is biased against conservatives. Mike has a big problem with any government viewpoint regulation while May thinks a case can be made that these services are monopolies and there is a reasonable state interest in promoting a diversity of opinion. They close with a discussion of Project 2025, the Heritage Foundation’s policy blueprint for a conservative administration. Mike points out that the many big government conservative activist proposals are fundamentally un-conservative, a tension May also recognizes. They focus in particular on the proposal to give presidents more power to remove government officials from their positions, which many on the right feel is necessary to correct a longstanding liberal bias in the administrative state. The Politics Guys on Facebook | X Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Biden Defiant, Presidential Immunity, Overturning 1/6 Convictions Mike and May open with a discussion of the fallout from President Biden’s debate performance, including his defiant (and some would say delusional) determination to stay in the race and beat Donald Trump. May thinks the Democrats should have seen this coming and doesn’t expect them to force Biden out, while Mike holds out hope that the mounting pressure from party leaders and donors will end up with Biden stepping aside. Following that they turn to the Supreme Court’s ruling on presidential immunity. May believes that the majority got it right, and while Mike doesn’t disagree, he feels that they went too far. They close by considering the Court’s ruling that one of the charges a number of January 6th defendants were convicted on was improperly applied to them. Both Mike and May agree with the ruling, and note the somewhat unusual alignment of the justices, with one of the Court’s conservatives joining the liberals in dissent, and one of the liberals siding with the conservative majority. The Politics Guys on Facebook | X Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s mostly Supreme Court on the preview of this midweek supporters’ episode, with Mike and Jay discussing whether the EPA can force Ohio to be a “good neighbor” to downwind states, when a bribe isn’t a bribe, whether the Purdue Pharma OxyContin settlement should have been thrown out, and – in a non-court discussion, their thoughts on the Julian Assange plea deal. The Politics Guys on Facebook | X Check out Mike’s other podcast -  Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike and Jay open with a discussion of President Biden’s disastrous performance in the first presidential debate. Mike was actually hoping for a worse outcome that would all but force Biden from the race, which he doesn’t think will happen, despite multiple calls for Biden to step aside. Jay wonders how Biden’s closest confidants and top advisors allowed things to get to this point. Mike suggests that Biden may still be able to handle the non-public-facing parts of the job, which Jay doubts, particularly in the event of a national security emergency. After that, they turn to the Supreme Court ending Chevron deference, in a ruling that will have major implications for government agencies, Congress, and the courts. Mike has long been a supporter of Chevron but thinks that the Court made the right call here, which both surprises and pleases Jay, who’s never been a fan of Chevron. Following that they discuss two other major decisions of the Court – one that allows women in Idaho to obtain abortions to preserve their lives and health and another in which the Court decided that plaintiffs arguing the government censored their social media posts don’t have standing to sue. The Politics Guys on Facebook | X Check out Mike’s other podcast -  Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike talks with attorney, author, and historian Talmage Boston. His books include Cross-Examining History, Raising the Bar: The Crucial Role of Lawyers in History, and most recently, How The Best Did It: Leadership Lessons From Our Top Presidents, which is the focus of their discussion. Topics Mike and Talmage cover include: - the “Great 8”: Washington, Jefferson, Lincoln, TR, FDR, Ike, JFK, and Reagan - key leadership strengths of those 8 presidents - the main weakness of each of the 8 presidents - most important presidential leadership skills - if it’s harder to be a great political leader in today’s world - strengths and weaknesses of Joe Biden and Donald Trump The Politics Guys on Facebook | X Check out Mike’s other podcast -  Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Trey & Ken discuss the meaning of the 11th Amendment including: Chisholm v Georgia Hans v Louisiana Ex parte Young Fitzpatrick v Bitzer Seminole Tribe v Florida Central Virginia Community College v Katz Learn more about your ad choices. Visit megaphone.fm/adchoices

Trey & Ken open by delving into President Biden's proposed path to citizenship for undocumented spouses of U.S. citizens, analyzing its potential impacts and political ramifications. Trey argues the timing is a political bone to the left in the wake of his tougher border policies.  Next, they tackle the implications of three major Supreme Court cases. In the first, Moore v. United States, upholding foreign asset taxing, Trey and Ken agree with the majority but Trey disagrees with the policy implications of a wealth tax. In the second, Gonzalez v. Trevino, both Trey and Ken agree that reigning in some protection for police officers is important. Still, Ken argues that all the justices would change their votes if it were applied to former president Trump. In the third, United States v. Rahimi, they discuss the upholding of the Second Amendment's constitutionality for those under domestic violence orders. Lastly, they explore the Senate's recent blockage of the Democratic-led bump stock ban by Senate Republicans. Trey argues Republicans are simply using it as a political tool for the upcoming election and hopes afterward a ban will be possible. Check out Democracy Works, Mike’s other podcast - Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike talks with Liam deClive-Lowe, co-founder and co-president of American Policy Ventures. APV is a group that works with people and organizations across the ideological spectrum to make it easier for policymakers to effectively solve critical policy problems. They sponsored the Georgetown Battleground Civility Poll that came out not too long ago, which is the focus of their conversation Topics Mike & Liam Discuss Include: - the mission of AVP - the value of Democrat and Republican pollsters working together - why most Republicans and Democrats believe democracy is threatened - fighting for values vs working for the best possible solution - getting to a point of ‘slightly less loathing’ - how close we are to civil war - why Congress is more bipartisan than you might think - opportunities for bipartisanship Follow Liam and American Policy Ventures on X The Politics Guys on Facebook | X Check out Mike’s other podcast - Sustainable Planet. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys.  The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike and May open the preview of this supporters’ midweek episode by discussing the House of Representatives holding Attorney General Merrick Garland in contempt of Congress for failing to turn over audio of Special Counsel Hur’s interview with President Biden in the classified documents investigation. They agree that this is political on both sides, and that while the Biden camp may not have strong legal ground to stand on, it’s not likely the audio will be released before the election. Following that they turn to the conservative backlash against YouTuber Ms. Rachel. Many conservatives believe that Ms. Rachel’s support for Pride Month and the inclusion of a non-binary guest makes her channel inappropriate for children. Mike argues that Ms. Rachel isn’t doing anything objectionable, and nothing that amounts to ‘grooming’, a term he argues conservatives throw around with reckless abandon,. They close by discussing May’s recent article in the Washington Examiner on a federal magistrate judge’s ruling that not transferring a female-identifying, biologically male prisoner to a women’s prison violates her 8th Amendment rights. May finds this completely out of line with any reasonable understanding of the amendment, whereas Mike sees it as a reasonable conclusion to reach considering the circumstances in this particular case. The Politics Guys on Facebook | X Check out Mike’s other podcast -  Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mike & May open with a discussion of the guilty verdict in the Hunter Biden gun trial. They discuss Biden’s defense, the possibility of a pardon or commutation by President Biden, Donald Trump’s reaction, and how this may all play out politically. Next, they turn to two big Supreme Court decisions. In the first of these, a unanimous Court found that the group challenging the FDA’s loosening of restrictions on the abortion drug mifepristone didn’t have standing to sue. Mike agrees, but May feels that standing has become such a degraded doctrine that the right should be able to take advantage of it as much as she feels the left has in the past. They close with the Court’s ruling that the Trump-era ATF exceeded its authority by banning bump stocks. Mike and May agree with the ruling, but Mike is more inclined to give regulatory agencies some deference in interpreting statutes than May. The Politics Guys on Facebook | X Check out Democracy Works, Mike’s other podcast -  Sustainable Planet, and the Sustainable Planet Substack. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Political scientist Travis Taylor talks with law professor Joshua Douglas about his new book The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights, in which he writes about the U.S. Supreme Court's recent history of prioritizing the power of states to regulate elections over the rights of voters. Topics Travis and Josh Cover Include: ·      how the Court has changed the standard by which it reviews voting rights cases ·      combating election fraud and maintaining voter access ·      the direction the Court is going in light of more recent decisions in "extreme" cases ·      potential solutions to correct the Court's current course ·      conservative criticisms of the book and why conservatives should read it Follow Josh Douglas on X The Politics Guys on Facebook | X Check out Mike’s other podcast -  Sustainable Planet. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Trey and Ken finish the Bill of Rights by delving into the origins and significance of the Ninth and Tenth Amendments to the U.S. Constitution. Topics covered include: Federalist and Anti-Federalist debates during and after the Constitution's drafting, addressing concerns that listing specific rights might imply that others were not protected.  Does the Ninth Amendment make textualism pointless? The conflict between the philosophic origins of the Ninth Amendment and why legal scholars abandoned it. The Tenth Amendment's balance between federal and state power Lessons learned from the Articles of Confederation The Virginia and Kentucky Resolutions The modern (1990s) application of the Tenth Amendment. The Politics Guys on Facebook | X  Check out How Do We Fix It and Mike’s other podcast - Sustainable Planet. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Trey and Ken start the show with Biden’s immigration order. President Biden has announced a sweeping executive action on immigration, authorizing U.S. immigration officials to deport large numbers of migrants without processing their asylum claims. This new policy, seen as one of the most restrictive border policies by a Democratic president, marks a significant shift in the administration’s approach to border security. Ken partially defends Biden’s order, even if it looks similar to past Trump policies. Trey argues that Biden issued it as a proclamation instead of an executive order because he recognizes it is not inherently constitutional.  Next, Attorney General Merrick Garland faced intense scrutiny from Republicans this week. Garland was grilled on Capitol Hill and has seen his standing on both the right and the left fall. Ken argues that Garland has overemphasized neutrality and has not properly pursued former President Trump and allies. Trey argues that the left’s attacks on Garland are nearly identical to those from Republicans and are no more founded than those from the Republicans. Finally, the pair discuss Dr. Anthony Fauci’s testimony before the House Select Subcommittee on the Coronavirus Pandemic, where he addressed critical issues related to the U.S. response to COVID-19. Fauci admitted that the “6 feet apart” social distancing recommendation lacked robust empirical support and it was more of an arbitrary guideline. He also acknowledged that the lab leak theory regarding the origins of COVID-19 should not be dismissed outright, a significant shift from his earlier stance. Both Trey and Ken continue to agree he largely did well in his capacity during the pandemic, however, Trey faults him for wrongfully downplaying, primarily for political reasons, the possibility of a lab leak in China. The Politics Guys on Facebook | X  Check out How Do We Fix It and Mike’s other podcast - Sustainable Planet. Listener support helps make The Politics Guys possible. You can support us or change your level of support at patreon.com/politicsguys or politicsguys.com/support. On Venmo we’re @PoliticsGuys. The Politics Guys is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Learn more about your ad choices. Visit megaphone.fm/adchoices