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Welcome to another round of Boardroom or Miro Board. Today we talk retrospectives with Agile coach Maria. Let's go. First question. You've spent two hours in a team retro, but the only input you've heard is Dave's. Boardroom or Miro Board? Boardroom. In Miro, Dave can't hog the space because everyone can add thoughts anonymously, online at the same time. Correct.
Next, you need the team to act on feedback fast. So you turn all those retro notes into Jira tasks. Miro all the way. And I can assign those tasks to teammates. You're nailing this. Now, you see hundreds of sticky notes from the retro. A real mess. But you organize them into five themes in just seconds. Miro, I basically get back an entire hour when I use its AI tools for clustering.
And she's done it. For a limited time, visit Miro.com slash retro now for a free business plan trial to unlock advanced retro tools like private mode, voting, and two-way jira syncing. That's M-I-R-O dot com slash retro now. So yesterday, pretty much all hell broke loose. It didn't break loose because of a Supreme Court decision. It broke loose because the left has decided, along with the media and the Democrats, but I repeat myself, to lie about the Supreme Court decision in order to revive the flagging hopes
and dead body of Joe Biden. Let me begin at the beginning. Yesterday, the Supreme Court released a decision about presidential immunity. Now, this decision, of course, is rooted in Donald Trump filing a lawsuit to stop the various Jack Smith lawsuits against him. His claim was that as president of the United States, no matter what he did while he was president of the United States, he has full immunity from criminal prosecution.
That, of course, is not true. That is a step too far. The idea that the president of the United States is never, for any activity, able to be criminally prosecuted is really silly. If the president of the United States decided that in his home, in the White House, he was just going to murder a maid, for example, could he be criminally prosecuted? The answer, of course, is yes. However, there is the idea that the president is, in fact, criminally immune from certain activities that a normal person would not be. So, for example, if I authorized somebody to go kill somebody abroad,
I'd be criminally liable for that. If I'm president of the United States and as commander in chief, I authorize SEAL Team 6 to take out Osama bin Laden, I'm not going to be criminally liable for that. So there's plenty of stuff that the president of the United States has to be able to do in order to ensure the functioning of the executive authority of the United States. The president does have outsized powers under our constitution. Those powers are not endless. Immunity is not eternal and endless. That is not the way that immunity works. And that's basically what the Supreme Court found.
So in order to understand why the left is lying about this decision and why Joe Biden is lying about this decision and the political games that are now being played, you have to understand the decision itself from the Supreme Court. So I'm going to go through that decision in a little bit of detail because
The sort of final effect of this as far as President Trump is that there are a couple of charges that Jack Smith has been pursuing that are basically DOA. And then there are several charges that are not DOA and that will likely be upheld when this thing is reverted back to the D.C. Circuit Court of Appeals, because that's effectively what the Supreme Court did. They took a couple of charges. They said the president has immunity for this sort of activity. And then they said about many of the other charges, we're not going to rule whether the president has immunity on this sort of activity. We understand.
We instead are going to send it back to the D.C. Circuit Court of Appeals to determine whether the president has immunity.
Judge Chutkin is the judge in that particular case. Presumably, she's going to rule that President Trump does not have immunity on those particular charges. So in essence, this is a very in-between decision. Now, you could have known that by the fact that the writer of the decision was Chief Justice Roberts. Chief Justice Roberts is, in fact, a fairly moderate justice. He is not Justice Samuel Alito. He is not Justice Thomas. He is not one of the more right wing members of the federal judiciary. Remember, it was Justice Roberts who saved Obamacare way back when.
Justice Roberts has a view of the court that it should be minimalist in how it approaches decisions. It should draw decisions as narrowly as possible. So in this particular case, he said, okay, we're going to try to create some sort of system, some sort of framework for thinking about when the president is immune from criminal liability and when he is not. But we are going to restrict our judgment to very specific aspects of the charges being brought against Trump. We're going to say only a couple of these. He has absolute immunity on. And the rest of this stuff, we're going to push back to the courts. That does not sound like justice.
President Trump or any other president has endless immunity, the kind of immunity that the dissent in this case suggests. The dissent is written by Justice Sonia Sotomayor, who writes all of her opinions in Kran because she is not an intelligent person and apparently does not know how to read the law. As it turns out on Twitter, pretty much nobody knows how to read the law or they're just lying about it. By my account, about 80 percent of legal analysts on Twitter are
fail basic reading comprehension, another 17 or so percent succeed in understanding the decision, but then lie about it. So what does the decision say? So the Supreme Court starts its decision by defining the crimes for which Trump is being charged. And they essentially break them down into five categories. One, he tried to get state electors to change their votes. Two, he organized fraudulent state electors.
Three, he tried to use the DOJ to conduct what Jack Smith called sham investigations, meaning investigations into electoral fraud that were really poorly based and resulted in nothing. Four, he tried to persuade Mike Pence to alter the results. And five, he tried to convince members of Congress to delay certification. Now, all those things, in my opinion, are morally wrong. That does not mean that they are legally criminal. And that's particularly true if you're president of the United States.
Because as the court points out, you're the head of the DOJ. There are only three branches of government, not four. The DOJ is not an independent branch of government. The Department of Justice works for the president of the United States. If the president orders the DOJ to go ahead and investigate a thing, it is the job of the DOJ to go ahead and investigate the thing. So that falls within his purview of authority. OK, so we'll get to how the actual ruling affects these various cases against Donald Trump. I'm
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So here's what the Supreme Court writes. The parties before us do not dispute that a former president can be subject to criminal prosecution for unofficial acts committed while in office. They also agree that some of the conduct described in the indictment includes actions taken by Trump in his unofficial capacity. We conclude that under our constitutional structure of separated powers, the nature of presidential power requires that a former president have some immunity from criminal prosecution for official acts during his tenure in office.
At least with respect to the president's exercise of his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is also entitled to immunity. At the current stage of proceedings in this case, however, we need not and do not decide whether that immunity must be absolute or instead whether a presumptive immunity is sufficient. So let's start from the beginning. Why does the president need immunity at all?
Why does he need immunity at all? The answer is, again, the executive has to be able to function in the constitutional order.
So as the Supreme Court writes under Justice Roberts, a president inclined to take one course of action based on the public interest may instead opt for another apprehensive that criminal penalties may befall him upon his departure from office. And if a former president's official acts are routinely subjected to scrutiny and criminal prosecutions, the independence of the executive branch might be significantly undermined. The framers design of the presidency did not envision such counterproductive or burdens on the vigor and energy of the executive.
The court also said there are, in fact, countervailing interests at stake when it comes to, say, criminal liability. Quote, we must, however, recognize the countervailing interests at stake. Federal criminal laws seek to address a wrong to the public as a whole, not just a wrong to the individual. There is therefore a compelling public interest in fair and effective law enforcement. The president charged with enforcing federal criminal laws is not above them. So in other words, the president is not above the law, but there are core constitutional functions where the president is immune. So, for example, you could not bring a criminal prosecution against a
Barack Obama for droning on Warlock, despite the fact that he's an American citizen overseas because he was a terrorist. So for all the Democrats who are freaking out today, and as we will see, claiming that Donald Trump now has the capacity to activate SEAL Team six to kill his political opponents. By the way, if Donald Trump had that authority, the current president is Joe Biden. So you could do that to Trump today. I noticed that Joe Biden isn't doing that because he doesn't believe this, because no one believes the claims left are making about this particular case.
But the actual person being protected here on this score would actually be Barack Obama for droning people like Anwar al-Awlaki. So here is how this actual decision breaks down. There's an excellent flow chart that was put out by a group called Just Security run by Ryan Goodman.
And here is sort of how this decision breaks down. So there are effectively two types of conduct that the president can participate in. One is official conduct and one is unofficial conduct. So unofficial conduct, we have the president stooping an intern, right? That's unofficial conduct or lying about stooping an intern, right? That has nothing to do with the presidency of the United States. That's just the president in his private capacity, basically doing private things that are criminal. So can that person be prosecuted? The answer for unofficial conduct is yes.
So how does that break down in terms of the Trump cases? We'll get to in a moment. Then there is the second type of activity, official conduct. Official conduct under the Supreme Court decision breaks down into two categories. One is core absolute immunity categories, core official acts. So what would that be? That'd be like pardon power or firing people who work in the executive branch.
or controlling recognition on the determination of foreign countries. That's stuff that is like core presidential power. So if the president decided tomorrow to recognize an independent state of Kurdistan, he couldn't be criminally prosecuted for that, for example. He would have absolute immunity. And then there is a second type of official conduct, and that would be official actions with presumptive immunity. So this would be kind of like the confusing gray area.
So let's say that the president, for example, is pressuring Vice President Mike Pence to change the electoral scheme. So the president very often has conversations with the vice president about a wide variety of topics. That in and of itself is, in fact, official conduct. But he's pushing the vice president to do a thing that is plainly not inside the constitutional structure. And not only that.
If you prosecute the president for that, is that going to impede the functioning of the president on a go forward basis? Right. That is the question when it comes to presumptive immunity. The idea is that there is a burden that the prosecution has to overcome and we presume immunity for the president. But that can be overcome. Absolute immunity means done right. There is no case you cannot prosecute the president. Presumptive immunity means that we can presume the president has a certain level of immunity, but that can be overcome by a showing immunity.
that prosecuting the president on a particular charge does not, in fact, threaten and threaten the functioning of the constitutional structure. So here's what the Supreme Court writes. When it comes to absolute immunity, quote, the president is absolutely immune from criminal prosecution for conduct within his exclusive sphere of constitutional authority. Again, that would be like the president telling the DOJ to investigate a thing, right? That's a core constitutional function. You may not like what he does. That's a core constitutional function. That's not prosecutable. That's how it shakes down in terms of the Trump case.
Then you have those remaining official actions with presumptive immunity. And here's what the Supreme Court writes about that. Of course, not all of the president's official acts fall within his conclusive and preclusive authority. As Justice Robert Jackson recognized in a case called Youngstown, the president sometimes acts pursuant to an express or implied authorization of Congress or in a zone of twilight where he and Congress may have concurrent authority.
Taking into account these competing considerations, we conclude the separation of powers principles explicated in our precedent necessitate at least presumptive immunity from criminal prosecution for a president to act within the outer perimeter of his official responsibility. Such an immunity is required to safeguard the independence and effective functioning of the executive branch and to enable the president to carry out his constitutional duties without undue caution.
Indeed, if presumptive protection for the president is necessary to enable the, quote, effective discharge of his powers when a prosecutor merely seeks evidence of his official papers and communications, it's certainly necessary when a prosecutor seeks to charge, try and imprison the president himself for his official actions. Hey, so again, this category, which is presumptive immunity, can in fact be overcome by a showing immunity.
that the president's functioning will not be impeded by the prosecution of the president. So in this category for Trump would probably fall his pressure on former Vice President Mike Pence. So I would assume that the appeals court in D.C., Chutkin, is going to find that that charge is totally fine. You can charge Trump with pressuring Pence to overrule the electors because that's not within his sort of official capacity to the extent necessary to provide him absolute immunity. So they remand this to lower courts for explication.
Saying, as we explain below, the current stage of the proceedings in this case does not require us to decide whether this immunity is presumptive or absolute. Certain allegations, such as those involving Trump's discussion with the acting attorney general, are readily categorized in light of the nature of the president's official relationship to the office held by that individual. Other allegations, such as those involving Trump's interactions with the vice president, state officials and certain private parties, and his comments to the general public, present more difficult questions.
Although we identify several considerations pertinent to classifying those allegations and determining whether they're subject to immunity, that analysis is ultimately best left to the lower courts to perform in the first instances. So again, what does this mean?
It means that certain of these charges are going to get thrown out like the DOJ charge, but a bunch of other charges, not a bunch of other charges are likely to be preserved against Donald Trump criminally. Now, in terms of timeline, because this is now going to get remanded back to the lower court, that means that the timeline here is stretched. That means Trump is not going to get charged on any of these criminal activities, not going to go to court on any of these criminal activities, alleged criminal activities until after the election, which is why the left is so all fired mad.
So the timeline on Trump's trials has now been moved out, which is good for Trump's election. But listen, the amount of uncertainty in the world right now is insane. Saudi Arabia, for example, recently ended its 50-year petrodollar deal with the United States that has the potential to weaken the U.S. dollar. I mean, so does our gigantic national debt.
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Hey, the Supreme Court majority says, quote, as for the dissent, they strike a tone of chilling doom that is wholly disproportionate to what the court actually does today. Conclude that immunity extends to official discussions between the president and his attorney general and then remand to the lower courts to determine in the first instance whether and to what extent Trump's remaining alleged conduct is entitled to immunity.
Unable to muster any meaningful textual or historical support, the principal dissent suggests there is an established understanding that former presidents are answerable to the criminal law for their official acts. Conspicuously absent is mentioned to the fact that since the founding, no president has ever faced criminal charges, let alone for his conduct in office. Accordingly, no court has ever been faced with the question of a president's immunity from prosecution. All our nation's practice establishes on this subject is silent. And now, why exactly silence?
The Supreme Court has to write all of that is pretty obvious. OK, and the answer is because Sonia Sotomayor, in her true political fashion, has decided to just lie about what the majority opinion does. So she writes an absurd dissent. And this dissent becomes the basis for every Democratic talking point. Here is where things become perverse. So I've spelled out to you how this decision works. The decision is actually quite mild. It suggests that core official authorities of the president of the United States are immune from criminal indictment.
Non-core official activities are subjected to presumptive immunity that can be overcome by showing that you're not harming the constitutional order by criminally indicting the president. And then there are unofficial acts in which the president can be indicted willy nilly. That seems like a fairly rote and along the basic lines of logic decision. That's not how Sonia Sotomayor takes it. She decides to go absolutely hog wild nuts over this thing.
Why? Because she's a militant left winger. And so her goal is to suggest that the Supreme Court has now given the president, presumably Donald Trump, even though he's not the president right now, absolute criminal immunity for literally everything, which is clearly not what the Supreme Court is doing. So here's what she writes in her unhinged dissent. And it is totally unhinged. I mean, this lady needs some Thorazine. This is this is a wild dissent.
She says, today's decision to grant former presidents criminal immunity reshapes the institution of the presidency. It makes a mockery of the principle foundational to our constitution and system of government that no man is above the law. Relying on little more than its own misguided wisdom about the need for bold and unhesitating action by the president, the court gives former President Trump all the immunity he asked for and more. Now, that's not even true. Trump asked for immunity for everything. If that were true, they would not have remanded multiple of these charges back to Chutkin, who is presumably going to uphold the charges.
So that's just a lie right off the bat. OK, she continues. The court effectively creates a law free zone around the president, upsetting the status quo that has existed since the founding. Really? How many criminal prosecutions of the president have we had since the founding? Zero is the answer. This new official acts immunity now lies like a loaded weapon for any president that wishes to place his own interests, his own political survival or his own financial gain above the interests of the nation.
The president of the United States is the most powerful person in the country and possibly the world, says Sonia Sotomayor. When he uses his official powers in any way under the majority's reasoning, he'll now be insulated from criminal prosecution. That's not even true. If he uses his powers in improper ways that are outside of his core official position.
Then a presumptive immunity can be overcome, as I've now explained about four times on the show. But since she apparently cannot read, here's what she comes up with, Sonia Sotomayor. And this is nuts. Okay, this is just nutso, bizarro world straight from the asylum crap. Here she goes. Orders the Navy's SEAL Team 6 to assassinate a political rival? Immune.
That is the majority's message today.
That is like every element of that is false. Every element of that is false. Orders Navy SEAL Team 6 to assassinate a political rival. OK, so the president has a conference. Let's take this to its logical conclusion using the model that we have set up under the Supreme Court majority. The president does speak to the military. The military does control SEAL Team 6. So that in and of itself is inside the official act. However, the president ordering them to do something blatantly illegal like murder his political opponent.
prosecution of that crime would certainly overcome any presumptive immunity the president has in ordering his political rival to be killed. In fact, if the president were not, in fact, criminally indicted for ordering his political rival to be killed, then that would threaten the constitutional order, obviously and clearly. Again, Joe Biden doesn't even believe this. Nobody believes this. If they believe this, Joe Biden would have put out the hit on Donald Trump yesterday. He already authorized his DOJ to try and jail his political opponents.
Notice the reversal that's taking place. Joe Biden's DOJ is trying to jail his political opponent in an election he is losing. And now his suggestion is that if his opponent wins office, then somehow Joe Biden's going to be driving down the street and Donald Trump's going to hit him with a drone. It's so ridiculous. I'm sorry, this is ridiculous garbage. Sonia Sotomayor concludes.
Her bizarre and nonsensical dissent, quote, never in the history of our republic has a president had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate criminal law. Moving forward, however, all former presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our democracy, I dissent. Our democracy.
Okay, I noticed something about the Our Democracy crowd. The Our Democracy crowd is perfectly willing to destroy the Supreme Court wholesale, as we'll talk about in a moment. They are perfectly willing to jail their own political opponents. They are perfectly willing to get rid of the Electoral College, stack the Senate,
Use the administrative state in order to cram down a bunch of unconstitutional trash and avoid the actual edicts of the Supreme Court, the our democracy crowd. I noticed they don't seem to give a crap about democracy or the workings of the government. But now they're saying that the Supreme Court has given the president ultimate authority to murder his opponents or something. It's just a lie.
It's just a lie. Welcome to another round of Boardroom or Miro Board. Today we talk retrospectives with Agile coach Maria. Let's go. First question. You've spent two hours in a team retro, but the only input you've heard is Dave's. Boardroom or Miro Board? Boardroom. In Miro, Dave can't hog the space because everyone can add thoughts anonymously, online at the same time. Correct.
Next, you need the team to act on feedback fast. So you turn all those retro notes into Jira tasks. Miro all the way. And I can assign those tasks to teammates. You're nailing this. Now, you see hundreds of sticky notes from the retro. A real mess. But you organize them into five themes in just seconds. Miro, I basically get back an entire hour when I use its AI tools for clustering.
And she's done it. For a limited time, visit Miro.com slash retro now for a free business plan trial to unlock advanced retro tools like private mode, voting and two way jira syncing. That's M-I-R-O dot com slash retro now. Sonia Sotomayor put out the talking points and the rest of the Democrats picked it up. So Representative Jasmine Crockett, most famous for insulting Marjorie Taylor Greene as a as a bad butch body blonde blangy blue.
She was very upset. She says, this decision means that the president can literally kill someone. No, it doesn't. It clearly does not, you dullards. I am actually very shook. And I hate the fear mongering that the Republicans consistently do all the time. But I am going to be honest.
The fear mongering is about to begin, at least from my perspective, and not because it's a matter of making people scared for no reason, like trying to scare them about the diversity that exists within who I am, but scaring them because they literally are allowing him the ability to kill someone.
No, they are not. And by the way, if Democrats really believe that, then they would be pushing Joe Biden to murder Donald Trump today because they really hate that guy. AOC, the irrepressibly stupid bartender, she put out a tweet saying the Supreme Court has become consumed by a corruption crisis beyond its control. Today's ruling represents an assault on American democracy. It is up to Congress to defend our nation from this authoritarian capture. I intend on filing articles of impeachment upon our return. Yeah, good luck with that, AOC.
Again, these people pretending they give two good goddarns about democracy is really, really amazing. Adam Schiff.
who himself attempted to undermine our democracy by lying for literally years that the Russians had captured our democracy. He put out a very long statement, deliberately misinterpreting the Supreme Court decision. Quote, today's Supreme Court decision on Donald Trump's immunity claim is far worse than anything I imagined, effectively giving a president's immunity for any crimes committed while in office, as long as that president can plausibly claim the action was taken in some form of official capacity. It must now be presumed the president as king is immune from accountability.
The rule of law applies to everyone except the most powerful person on earth. Okay. Yeah. Okay. So what is this really about? What is this really about? It's not about the law. Okay. When Neil Katyal goes on the legal analyst on MSNBC, when he declares that this ends the rule of law, it is not true. It is clearly not true. Here he was yesterday, MSNBC legal analyst. Well, again, lying about the decision.
Here's what practically this means. A president like Donald Trump next year or whoever the president is can take a blatantly illegal act, slap the label, hey, this is an official act and write that in the preface to whatever the heck he's doing. And now we're going to have to have hearings and so on before district judges and then appeals to determine whether it's truly an official act or not.
If you're a Democrat who's running for the president, your path right now is clear. You have to run against the Supreme Court. You have to run against this decision. This is not America. If you want to make America great again, you've got to return to the rule of law. This decision today, unfortunately, is a blueprint on how to end the rule of law.
A blueprint on how to end the rule of law. Now, again, the reason they're doing this, this has nothing to do with the law. This has nothing to do with the decision. I read you large chunks of the decision. That's clearly not what the decision says. So why are they doing this? The answer is because Joe Biden is a failed candidate. That's all. Joe Biden is a failed candidate. Donald Trump is still going to be prosecuted for multiple of these charges.
That doesn't matter. They have to proclaim that the end of the republic is nigh. They are just going to rev into high gear the entire Biden argument that January 6th represents an existential threat to the republic. And therefore, the only person who can stop Donald Trump right now is Joe Biden. And you have to vote for him, even though he's addled with dementia.
That is literally what this is all about. This whole thing is just about Joe Biden being a failed presidential candidate. If Joe Biden were leading in the polls, everybody would be like, okay, well, this seems like kind of another decision. If Joe Biden were up 10, nobody would care because this is a very rote, non-controversial decision, frankly. Of course, the president has some level of criminal immunity for core official act. Of course, that immunity is not unending. There could be official act in which the presumption of immunity is overcome.
And of course, there's unofficial action by the president. Like, again, why this distinction is somehow controversial is beyond me. It makes no sense to me. But it's not honest. It's just not honest. Welcome to another round of Drawing Board or Miro Board. Today, we talk brainstorms with UX designer Brian. Let's go. First question. You thought you'd see everyone's idea in the team brainstorm, but you've got a grand total of...
Drawing board. In Miro, the team can add ideas now or later. And with privacy mode, we can keep them anonymous until they're good to share. Correct. Next, you need the best way to explain your idea, but all you have is a few sticky notes. Drawing board or Miro board? Drawing board. In Miro, I could record videos, add text, images, links, and digital sticky notes, of course. Right again!
Now, you're looking for a past idea you thought was just genius. Only you could find... Oh, there it is. Drawing board or Miro. All our finished and unfinished work lives in one place. And he's one. For a limited time, visit Miro.com slash brainstorm now and get a free business plan trial to unlock even more brainstorming tools like private mode and voting. That's M-I-R-O dot com slash brainstorm now. So what Democrats are doing right now?
is they're trying to claim that if Donald Trump, thanks to the Supreme Court decision, right, here's the thing. They have to pretend that there was an inflection point yesterday. They have to. If there was no inflection point, Joe Biden's going to lose the election. So what they have to do is they have to say the threat now really revved into high gear. The reason they have to do that, of course, is because Joe Biden died physically during a debate. So because Joe Biden died physically during a debate, you
You can't claim that Donald Trump is such a threat to the republic that Joe Biden has to be elected because the polls are out post-debate and they are very, very bad for Joe Biden. According to the current polling data, Donald Trump is now up four in Pennsylvania. He is now up in New Hampshire, a state the Republican has not won in 20 years. He is now up four in Michigan.
Nationally, according to Harvard Harris, he is now up six points. OK, so that means that Joe Biden is losing. So there has to be a new inflection point. Right. The debate was an inflection point. So now Democrats are trying to manufacture out of whole cloth a new inflection point to try and seize the momentum in the race back. The only way to do that is to claim that Trump has been handed brand new, magical, earth shattering powers. He's now a genie. And if you rub the magic lamp, you will come out.
And you'll have the magical powers of Jafar. Oh, phenomenal cosmic power. Like this is what they now have to claim. The Supreme Court just did. They rubbed the magic lamp of the presidency and out came big bad Trump, Orange Hitler. The problem is the decision doesn't say that, but they somehow have to convince you that there is now a real danger that Orange Hitler will come forth from the magical electoral lamp. That is the thing that they have to say. So Joe Biden decided to seize on this last night and give one of the most demagogic, pathetic speeches I've ever seen from a president.
There are a couple of reasons here that he's doing this. One is the political and the other is the imagistic. The last image anyone has in their mind of Joe Biden is him like this.
staring, slack jawed, glassy eyed into the abyss from that debate last Thursday night. That is the last image anyone has. So the Democrats were trying to find some excuse for putting Biden back on the public stage to speak in a way that people would hear him. So they decided that because they have to play up this new inflection point, this false inflection point, they're going to trot out Joe Biden. Now, they apparently also decided to go with Donald Trump's makeup artist. So they spray painted this dude orange and then they put him out there.
To read from a teleprompter for four minutes. And let me just explain to Democrats, you are not going to answer questions about the president's obvious dementia by putting him out there to read from a teleprompter somewhat credibly for four minutes and four seconds and then having him totter out the back while his aides close these giant wooden doors behind him without taking any questions.
If the question about Joe Biden is, does he have the stamina and mental capacity to be president of the United States? A four minute demagogic speech in which he barely appears to be being held up by strings like a marionette. Jill Biden apparently is above him with the actual marionette strings. Sorry, Dr. Joe Biden. She's a doctor. Lady, Dr. Lady Macbeth, Jill Biden. That's not going to answer any questions. But Joe Biden comes out and again, dual goals. One is to show that he's still alive.
And two is to say, this is such a threat to democracy. You must elect the corpse. You must elect.
The you must elect the character from Indiana Jones in the last crusade after he drank from the wrong chalice. You have to elect that guy president of the United States, the Crypt Keeper. He must be president. If you don't make the Crypt Keeper president, then Donald Hitler Trump is going to be president of the United States. And, you know, the Supreme Court, they just gave him Hitlerian power. This is the this is the shtick that Joe Biden was trying last night. And it's pathetic and it's gross and it's stupid. We're going to break it down piece by piece here. OK, so here was he toddles out.
He again, my bet was he was going to go for 10 minutes. He did not. He went for four minutes and four seconds, which is what normal, healthy presidents do, by the way. And then he took no questions. By the way, the first question yelled to him as he exited the podium was, are you going to drop out of the race? So it didn't work. So here was Joe Biden trying to demagogue his way to the White House. The presidency is the most powerful office in the world. It's an office that not only tests your judgment, perhaps even more importantly, it's an office that can test your character.
Because you not only face moments where you need the courage to exercise the full power of the presidency, you also face moments where you need the wisdom to respect the limits of the power of the office of the presidency. This nation was founded on the principle that there are no kings in America. Each, each of us is equal before the law. No one, no one is above the law, not even the President of the United States. But today's Supreme Court decision on presidential immunity
That fundamentally changed.
For all practical purposes. Okay, that is not true. That is not true. As we've explained, the Supreme Court did not appoint a magical king. It did not. And by the way, if there's anyone who's ever been in love with executive authority, it's this guy who has signed more executive orders than any president in modern history. It's this guy who tried to use OSHA to cram down a vax mandate on 80 million Americans who spent the last several years trying to end around the Supreme Court, declaring that even though they have said he is not allowed to magically get rid of student loan debt, he can just do it.
This guy, like this guy is going to lecture us about the excesses of executive power. This one? Seriously? Him? Hey, but here we go again. He has no other choice. This is the hand of cards that he has. He's got this pair of deuces and he's got to try to play it. Practical purposes. Today's decision almost certainly means that there are virtually no limits on what a president can do. This is a fundamentally new principle and it's a dangerous precedent because the power of the office will no longer be constrained by the law.
even including the Supreme Court of the United States. The only limits would be self-imposed by the president alone.
This decision today. Again, the point he's making is you have to elect me because the Supreme Court won't stop President Trump from droning people. But I won't drone people because I'm so good. I'm so nice. There are no mechanisms for hemming in the president of the United States. Thus, you have to elect me. Now, here's the thing. All of this is a lie. All of this, every element of this is a lie. Donald Trump's bizarre machinations between November 6th of 2020 and January 6th of 2021.
Came to nothing because all of the institutions were arrayed against him. All of the institutions held all of them.
The institutions didn't just magically disappear. Again, now he's having to make the case that the Supreme Court is. Here's the thing that's amazing. He is making the case that he ought to be granted power because if he is not granted power, there are no limits on the presidency and Donald Trump will abuse his power in order to make this case. He is fundamentally undermining the legitimacy of the Supreme Court of the United States. He's making the case the Supreme Court ought to be destroyed wholesale. So Captain Institutions and Democracy over here is saying the Supreme Court is fundamentally illegitimate because it just appointed a king.
And that his political opposition is anti-democratic and anyone who supports his political anti his political opposition hates the country is what he actually said in the last debate.
And he is such an extraordinary demagogue, all for the pursuit of corrupt political power. The Biden family is repulsive in their pursuit of political power. And this lifelong corrupt politician claiming to be a man of principle standing in the breach to stop Hitler and Mussolini is a liar. He is a demented liar. And what he is doing here is dementia riddled lying. That's what this is. It's continued the court's attack in recent years on a wide range of long established legal principles in our nation.
From gutting voting rights and civil rights, to taking away a woman's right to choose, to today's decision that undermines the rule of law of this nation. Nearly four years ago, my predecessor sent a violent mob to the U.S. Capitol to stop the peaceful transfer of power. We all saw it with our own eyes. We sat there and watched it happen that day. Attack on the police, the ransacking of the Capitol. A mob literally hunting down the House Speaker Nancy Pelosi.
gallows erected to hang the vice president, Mike Pence. I think it's fair to say it's one of the darkest days in the history of America. Now the man who sent that mob to the U.S. Capitol is facing potential criminal conviction for what happened that day. By the way, pause it right here. Let's point out that what Joe Biden is calling for right here is the jailing of his political opponent, right? This is supposed to be, he's, I believe in the system of law. I believe he's the president of the United States. He's calling for the jailing of his political opponent. That's what he is doing right here.
Hey, the mask is now off. Remember, he said, I have nothing to do with this. The DOJ is just doing it on its own. I'm not the one who directed anybody with regard to the January 6th indictments. Now he's saying if Donald Trump is now criminally prosecuted and put in jail, then the Supreme Court has sinned. And the only way to stop Donald Trump is to elect me. He clearly wants him jailed. Does he not? Continue. The American people deserve to have an answer in the courts before the upcoming election. The public has a right to know the answer about what happened on January 6th.
before they asked to vote again this year. Now, because of today's decision, that is highly, highly unlikely. It's a terrible disservice to the people of this nation. So now, now the American people have to do what the courts should have been willing to do, but will not. The American people have to render a judgment about Donald Trump's behavior.
The American people must decide whether Donald Trump's assault on our democracy on January 6th makes him unfit for public office. This is the same kind of crap, right? We've been down this road. The American people must decide if Trump's embrace of violence to preserve his power is acceptable. Perhaps most importantly, the American people must decide they want to entrust the president once again, the presidency to Donald Trump, now knowing he'll be more emboldened to do whatever he pleases whenever he wants to do it.
Ridiculous. You know, at the outset of our nation, it was the character of George Washington, our first president, to find the presidency. I can't believe this guy's citing George Washington. He believed power was limited, not absolute. He remembers him personally. And that power always resides with the people. Always. Now, over 200 years later, today's Supreme Court decision, once again, it'll depend on the character of the men and women who hold that presidency that are going to define the limits of the power of the presidency.
because the law will no longer do it. I know I will respect the limits of the presidential powers I have for three and a half years. I don't. But any president, including Donald Trump, will now be free to ignore the law. I concur with Justice Sotomayor's dissent today. Here's what she said. She said, in every use of official power, the president is now a king above the law. With fear for our democracy, I dissent, end of quote. So should the American people dissent.
I dissent. May God bless you all. May God help preserve our democracy. Thank you. May God protect our children. OK, and then he looks around bizarrely and toddles off to the background where he will answer no questions. Again, he's a liar. Understand what's happening here. He is lying about the Supreme Court decision in order so he can lie about the election. Meanwhile, calling for the jailing of his political opponent. But don't worry, Donald Trump is the fascist.
He's attacking the Supreme Court and saying it's illegitimate fundamentally, that they've undermined the constitutional order, that they reappointed a king. Don't worry. My opponent is the fascist, which is why you need to elect me. Good luck with this particular argument. Again, a lot of this has to do with him attempting to put out an image that he is still in charge, that he is still president, that it's not Jill, that it's not his team inside the White House that is manipulating his lukewarm body. It's not true. We'll get to that in just one second.
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Now, again, what Joe Biden was attempting to do last night was to reset the conversation in the aftermath of a disastrous debate that has destroyed his credibility, his White House's credibility and the media's credibility. All of his allies have been laid waste by his debate performance last Thursday night. That's what this is all about. So lie about the Supreme Court. They'll try to speak for four minutes and four seconds before he wobbles back into the back room to be infused with the blood of a small child or something to keep him alive.
But the reality is that what it was really about was an attempt to recapitulate his image in the public eye. It's not going to work. They're going to try anyway. Here was Mitch Landrieu, a member of his campaign crew, trying to claim that Biden is going to save democracy. Again, this is the shtick.
First of all, let me say this. I thought the president's statement tonight was very strong. It was the right statement, as has been the case with Joe Biden. And he reiterated why he ran for office, which was to save democracy. He reminded us that President Trump tried to upend
the peaceful transition of power and that he was standing between anarchy and democracy. And he was going to continue to do that. I've heard David made that argument a number of different times. Of course, how well you do in debate doesn't really relate to how well you run a presidency. Again, this is this is pathetic. It's pathetic spin. He was a strong statement. He's going to save democracy. He ain't going to save his blood pressure, man. He that dude can't even save his bowel movement like like.
The supply of depends to the White House these days must be getting awfully expensive.
And this is obviously coming out now, right? All the leaks are breaking. And the reason all the leaks are breaking is because you have essentially four categories inside the Democratic Party. You got the Biden family, deeply corrupt, desperate for power. Dr. Jill wants to remain president despite never having been elected to anything. It's the only way she can retain power. Hunter wants Joe to stay in office because, hell, who else is going to pardon him? Plus, that dude needs to sell some finger paintings. Frank and Jim need him to be in the presidency because otherwise, how can they pass around the Biden name and make cash off of it?
So they want him in. That's category number one is the Macbeth family over there. Then you have category number two, the Democratic Party insiders. They know they can't get rid of him. There is no possible way to get rid of him. It's not possible. You have to force him out or you have to convince him to step down. Neither of those two things likely to happen. So they are just going to continue talking as though everything is fine. Then you have the aides to Biden. They are sick of being blamed. They don't like the idea that it's their fault that the senile old man decided to debate and then humiliated himself by falling on a banana peel on stage.
And so all those leaks are coming out. Peace in Politico today. We've all enabled the situation. Dems turn on Biden's inner sanctum post-debate.
Inside the White House, Biden's growing limitations were becoming apparent long before his meltdown in last week's debate, with the senior team's management of the president growing strictly controlled as his term has gone on. During meetings with aides who are putting together formal briefings that they'll deliver to Biden, some senior officials have at times gone to great lengths to curate the information being presented in an effort to avoid provoking a negative reaction. It's like, you can't include that or that will set him off. Put that in. He likes that, said one senior administration official. It's a Rorschach test, not a briefing. He is not a pleasant person to be around when he's being briefed.
It's very difficult and people are scared of him. The official said, quote, he doesn't take advice from anyone other than those few top aides. It's become a perfect storm. He just gets more and more isolated from their efforts to control it. The debate, however, was so dismal for Biden that nobody could ignore it. So all of his aides are now coming out and saying, this dude is senile. He's out. And all the, so that is category number three is the aides who are like, yeah, man, we've been trying to do, we've been trying to deal with this crap for like years at this point. And I mean,
Not possible. And then there's category number four, the media. The media are the ones who are the most abjectly humiliated because they have been they have a responsibility to the public. If you're a Biden aide, your responsibility is to Biden. If you're Biden's family, your responsibility is to Biden, even if you're even if you're throwing it off. If you're the Democratic Party, your responsibility is to the Democratic Party chances of victory, which is why they really should have stepped in before he ran. But it's too late now. Then there's a fourth category, people who don't actually work for Biden or the Democrats purportedly. That's the media.
And the media do work for Democrats and they do work for Biden. So they've been lying for years. This is it. That's why, again, the extraordinary shock of members of the media. Oh, my God. You're saying he's senile? Oh.
Suddenly turning into Captain Renault from Casablanca, walking into the casino and being like, wait, there's gambling. I'm shocked, shocked. There's gambling. I'm shocked, shocked. There's drooling going on here. We've all known it for years. They have to act shocked because if they don't act shocked, it demonstrates they were in cahoots with the Biden team for literally years and lying to you, the people they actually owe responsibility to, the American public. So now you're starting to see members of the media being like,
Oh, yeah, that was crazy. That was Carl Bernstein was out there yesterday reporting that Joe Biden has been mentally unfit for a year. I have a question. Where's Carl Bernstein before the debate? Where? Because I checked the calendar a year ago.
is like a period of time. And presumably he had heard this before the debate, but he didn't say anything. Why? Because all these people work for Joe Biden and his team. And now their own careers are in danger because they told a lie and that lie got exposed and it exposed them as what they are, actual democratic apparatchiks. Here's Carl Bernstein.
Well, these are people, several of them, who are very close to President Biden, who love him, have supported him, have been among them, or some people who have raised a lot of money for him.
And they are adamant that what we saw the other night, the Joe Biden we saw, is not a one off, that there have been 15, 20 occasions in the last year and a half when the president has appeared somewhat as he did in that horror show.
that we witnessed and what's so significant is the people that this is coming from and also how many people around the president are aware of such incidents, including some reporters, incidentally, who who have witnessed some of them.
But here we see tonight, as these people say, President Biden at his absolute best. And yet these people who have supported him, loved him, campaigned for him, see him often say that in the last six months particularly, there has been a marked incidence of cognitive decline.
Now members of the media are coming out and saying the true thing. Now there's some members of the Democratic Party who are like, okay, guys, like I can't. James Carville, most prominently among them, Clinton advisor. He's like, somebody else needs to run. There's just no other way to put this. We have a country that 72% want something different. If the Democratic Party can't produce something different that 72% of people want, then why do we exist? What are we here for? I mean, the country is clamoring for change.
And what are we going to offer them? The same stuff? It doesn't make any sense, Jake. Give the people what they want. Vox Populi. They want something different. Let's give it to them.
Welcome to another round of Boardroom or Miro Board. Today we talk retrospectives with Agile coach Maria. Let's go. First question. You've spent two hours in a team retro, but the only input you've heard is Dave's. Boardroom or Miro Board? Boardroom. In Miro, Dave can't hog the space because everyone can add thoughts anonymously, online at the same time. Correct. Next. You need the team to act on feedback fast. So you turn all those retro notes into Jira tasks. Miro all the way. In...
And I can assign those tasks to teammates. You're nailing this. Now, you see hundreds of sticky notes from the retro. A real mess. But you organize them into five themes in just seconds. Miro, I basically get back an entire hour when I use its AI tools for clustering.
And she's done it. For a limited time, visit Miro.com slash retro now for a free business plan trial to unlock advanced retro tools like private mode, voting and two-way jira syncing. That's M-I-R-O dot com slash retro now. NBC's Kristen Walker. She says, listen, top Democrats would be relieved if Joe Biden dropped out of the race at this point, which is true, of course.
I have spoken to some top Democrats who say that there would actually be relief if he were to step down. And one person said to me, look, everyone's counting out Kamala Harris because right now her poll numbers are below President Biden's. But if she were to step down,
be the one to carry this torch into November. There could be a method of reintroducing her to the country that could be effective with independents, with moderates, with those critical suburban women that are necessary for winning the White House. We'll have to see how it plays out, though, because publicly speaking, the president, his family, his top aides defiant that he's not going anywhere.
Well, I mean, there is one problem with that particular theory, which is that we all know Kamala Harris. She's been in the public eye for years and she's awful at her job. For example, Kamala Harris appeared at the BET Awards. It used to be Black Entertainment Television. I don't know if they still call themselves that. So here she was at the BET Awards being her absolutely insincere, unpalatable self. She is the Michael Scott of politics.
I mean, it's just like whenever she tries to be authentic, it is the most fake thing I have ever seen in my life. Here was Kamala Harris doing a little skit with Taraji Henson. It was not good.
But these extremists...
As they say, they not like us. No, they not. There's a full on attack on our fundamental freedoms. I'm out here in these streets. They not like us. My God, the pandering, the pathetic. Like, she's so insincere. Honest to God. They not like us. They not. They are not. They not like us. I'm out here in these streets. Who believes that Kamala Harris is out there in these streets? And then Taraji Henson goes on the awards. It doesn't go amazing.
Time for us to play chess, not checkers. It's about making decisions that will affect us as human beings, our careers, our next generations to come. Did you know that it is now a crime to be homeless? Pay attention. It's not a secret. Look it up. They are attacking our most vulnerable citizens. Look at the crowd. The crowd is like, they're laughing in the background. They're like, I can't believe I have to listen to this crazy lady.
And good luck with pitching the old man and and his absolutely incompetent VP. Team Biden, nonetheless, is trying to prop up the old man because, again, that that I'm out here in these streets, lady, is his backup. And that was the best decision that I never made if he wanted to ensure his own presidency. I mean, that is assassination protection right there, because everyone is like, oh, God, not her.
I legitimately would rather have a dead body than Kamala Harris as president of the United States. So top Biden officials have decided that their best move is to sneer at their own donors. And this is like genius level stuff here. This is a headline from The New York Times today. Top Biden officials seek to calm donors, quote, breathe through the nose, because I know that when I'm fundraising for a thing, the first thing I do is I say, guys, you need to calm down. Just calm down and give me money. That's going to work out amazing.
Everyone just needs to breathe through the nose for a minute, said Chris Korge, finance chair for the DNC.
The senior Biden officials downplayed the political fallout of the debate, but provided precious little new information to the members of the National Finance Committee. Those financiers have been locked in a ceaseless, rolling conversation with their own networks on conference calls and signal threads since Thursday night about whether their investment in the Biden campaign has been the right decision. The remarks Monday did little to stem the anxiety of the campaign's well-heeled patrons, according to people on the call, who described it while it was still ongoing. They were texting the New York Times being like, my God, this is a bleep show. The Biden campaign took no live questions from donors.
Shocker. Some of those in attendance described it as almost facile and rudimentary. One donor asked the campaign how it responds to a significant erosion of polling. The campaign largely dismissed the concern. Mr. Fulks, deputy campaign manager, said, quote, I want to reiterate without sounding Pollyannish or sounding defensive. At the end of the day, the one thing we are not going to do is win this race by continuing to talk about Joe Biden's age. We are here talking to you all because we know we have to address it. Miss O'Malley Dillon, the campaign chair, conceded the debate did not go exactly as we had hoped and exactly as the president had hoped.
Yeah, good luck to y'all on this. General Malley Dillon, who's one of the campaign managers, held that virtual meeting with about 500 donors in which she tried to say this. You ready? This is a direct quote from the campaign chair for Joe Biden. Quote, he's probably in better health than most of us. Some of the donors told this to CNN. One of the donors said the comments were offensive and dismissive of the real concerns about Biden in the wake of his debate performance. He's in better health than most of us. I don't know. How close are you to death? Meanwhile,
James Clyburn, the man who probably made him president, South Carolina congressperson, he said, don't worry about that debate. It was just preparation overload. I felt from the very beginning that Joe Biden was going to have a tough night because I thought it was preparation overload.
I just saw it. I've been around these debates for a long time. I have been a part of the debate prep in a couple of instances. As I can see, Joe Biden was trying not to stray from the preparation. Yeah, it was probably he was overprepared. That was it. They said there were a lot of rumors yesterday.
about the Democrats dumping him for somebody else. And now you have to have every one of those candidates because, again, the Democratic Party apparatus knows you can't actually get rid of him. There's no real mechanism for getting rid of Joe Biden. So many of these candidates, after having leaked to the press that they're into it, now they're having to quickly backpedal. So Gretchen Whitmer, the governor of Michigan, her team apparently told the Biden campaign that donors were telling them that he's already lost Michigan. So yesterday she put out an ad saying, no, no, no, I am so loyal to Joe Biden. I'm the most loyal to Joe Biden.
Which again, that's smart politics because unless Joe Biden steps out, she ain't got a chance of getting in. So here she was yesterday. She put out a tweet cursing in an attempt to prove her loyalty. It is not convincing. So what are Democrats actually going to do? They're going to cram Joe Biden down their party's throat.
Apparently, the DNC is now considering formally nominating Biden as early as mid-July to ensure the president is on November ballots, while helping to stamp out intraparty chatter of replacing him after last week's poor debate performance. They're like, okay, we're going to ram this through. We're going to end all questions today. All questions end today. We're going to ram the old man through. This is a party in a state of panic. So understand that all of these supposed heartburn over a Supreme Court decision
It's a lie. It's all a lie. It's an attempt to spin away the fact that they ran a terrible candidate who's done a terrible job and is senile. End of story. That's the whole thing. That is this election in a nutshell. Bad president, senile, has actually exceeded his constitutional authority, should not be president anymore, and everything else is a footnote. Everything. Alrighty, folks, coming up,
We're going to get to another high court decision. They avoided a decision on social media, which is kind of interesting. If you're not a member, become a member. Use code Shapiro. Check out for two months free on all annual plans. Click that link in the description and join us.