Aug. 16, 2026

Law, Race & Empathy Featuring Michael Klarman and Joseph Margulies

Law, Race & Empathy Featuring Michael Klarman and Joseph Margulies
Law, Race & Empathy Featuring Michael Klarman and Joseph Margulies
A Moment with Erik Fleming
Law, Race & Empathy Featuring Michael Klarman and Joseph Margulies

In this episode, Harvard Law Professor Michael Klarman gives his thoughts on white supremacy in America and Cornell Law Professor Joseph Margulies talks about his new book, Cast Out.

Erik Fleming speaks with Harvard historian Michael Klarman and Cornell civil rights lawyer Joseph Margulies about the resurgence of white supremacy, threats to democracy, and the human costs of an unforgiving society.

The episode also includes a news roundup and reflections on public scrutiny, institutional responsibility, and the need for empathy and accountability in law and politics.

00:06 - Podcast Welcome and Support

02:00 - Guest Interviews Ahead

04:03 - News of the Day

06:07 - Klarman Joins the Show

08:10 - History, Truth, and Bias

16:43 - Race and Legal Change

20:36 - America Unfinished Explained

22:30 - Trump as Backlash

24:53 - Demographic Fears Rising

28:23 - Why They’re Bolder Now

28:23 - Why They’re Bolder Now

32:07 - Privilege and Perspective

35:45 - America’s Racial Past

39:39 - Democratic Path Forward

43:08 - Hope in Younger Generations

46:38 - Contacting Klarman

48:43 - Margulies and Forgiveness

50:26 - Empathy and Human Pain

52:00 - Misconceptions About Mercy

57:18 - Whataboutism and Accountability

01:01:38 - Why Society Casts Out

01:07:11 - Environment Shapes Trauma

01:12:28 - White Supremacy’s Seduction

01:16:06 - Events Have Many Causes

01:17:23 - Empathy in a Polarized Age

01:27:25 - Remembering Jason Arday

01:37:27 - Pressure, Standards, and Suicide

01:42:40 - Congress Must Check Power

WEBVTT

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Welcome. I'm Eric Fleming, host of A Moment with Eric Fleming, the podcast of our time.

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make this moment a movement.

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Thanks in advance for supporting the podcast of our time. I hope you enjoy this episode as well.

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The following program is hosted by the NVG Podcast Network.

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Hello, and welcome to another moment with Eric Fleming. I am your host, Eric Fleming.

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And so today I have two powerful interviews, two gentlemen who are lawyers by

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training and currently professors.

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One is a professor at Harvard, and he has written a, he's part of that America

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Unfinished essay book that we talked to the.

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Co-author or the, as she liked to say, the conspirator that put all this together.

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And so one of the other people that wrote an essay, Michael Klarman,

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who wrote one on white supremacy.

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So yeah, we got him on. And then And Joseph Margulies, Joseph Margulies,

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who was a notable constitutional lawyer in his own right,

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a defense attorney, criminal defense attorney, and is now a professor at Cornell University.

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And he also has written a book called Cast Out, which will challenge your value system.

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And we'll get into that in the interview. But this is a really,

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really great, powerful and great show.

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And I hope that you will enjoy it. As always, please let people know how great this podcast is.

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Go to www.momenteric.com and, you know, write reviews, donate either one time

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or subscribe to the podcast.

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Whatever you want to do to show that you support and you enjoy the conversations that we are having.

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All right. So I'm so excited that I want y'all to hear this.

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So we're going to get right into it. And as always, we kick it off with a moment of news with Grace G.

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Thanks, Eric. Luigi Mangione pleaded guilty in federal court to fatally shooting

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United Healthcare CEO Brian Thompson, averting a federal trial.

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Todd Blanche was narrowly confirmed as Attorney General after a contentious

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Senate battle regarding his independence and role in President Trump's legal

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and financial agreements.

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U.S. Immigrations and Customs Enforcement will fully deploy body-worn cameras

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to all field personnel by the end of August.

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The Justice Department indicted the former CFO of the Southern Poverty Law Center

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on federal fraud and money laundering charges The U.S.

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Senate passed a short-term funding measure to avert a government shutdown which

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must now be reconciled with the House and signed by the President

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President Trump signed an executive order to reduce the childhood vaccination

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schedule advancing a controversial initiative led by the Health Secretary Robert F. Kennedy Jr.

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A federal judge blocked the implementation of President Trump's executive order

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aimed at tightening mail-in voting rules ahead of the November elections.

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Economist and friend of the podcast, Amanda Janew, won the Vermont Democratic primary for governor.

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Lieutenant Governor Peggy Flanagan defeated Congresswoman Angie Craig in Minnesota's

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Democratic primary for the U.S. Senate.

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U.S. Senator Amy Klobuchar won the Minnesota Democratic primary for governor.

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Milwaukee County Executive David Crowley won a contentious Wisconsin Democratic primary for governor.

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Rhett Marcus won the Alabama Republican primary for the 2nd District U.S.

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House seat and will face the incumbent Shamari figures in November.

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Darlene Graham and Ralph Norman will face each other in the South Carolina Republican

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runoff for the U.S. Senate.

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And former President Joe Biden's prostate cancer has painfully spread beyond

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his bones, according to his son Hunter Biden.

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I am Grace Gee, and this has been a Moment of News.

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All right. Thank you, Grace, for that moment of news. Now it is time for my

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guest, Michael Klarman.

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Professor Michael J. Klarman is the Charles Warren Professor of Legal History

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at Harvard Law School, where he joined the faculty in 2008.

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He received his B.A. and M.A. in political theory from the University of Pennsylvania in 1980, his J.D.

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From Stanford Law School in 1983, and his Doctor of Philosophy and Legal History

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from the University of Oxford in 1988, where he was a Marshall Scholar.

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After law school, Professor Clark Klarman clerked for the Honorable Ruth Bader

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Ginsburg on the United States Courts of Appeals for the D.C. Circuit.

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He contributed an essay to the recent book, America Unfinished,

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250 Years of Law and Governance.

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Ladies and gentlemen, it is my distinct honor and privilege to have as a guest

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on this podcast, Michael Klarman.

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All right. Michael Klarman, how are you doing? I'm good. Thank you very much for having me.

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Well, I'm really, really honored to have you. It's like I was able to interview

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Ms. Natapoff last episode who

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got all of you all together to write your essays in America Unfinished.

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And I don't think I'm going to get all 62 of you, but I'll get a few.

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So I'm glad that I was able to get you.

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And I know that you're a man of high esteem. You were chosen by the last law

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class, I believe, to give the last lecture,

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which I think is an honor that the students pick those professors,

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the last professors they want to hear before they graduate.

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And they get to pick you. So I understand you were one of the four.

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So I know that was a great honor for you.

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So what I want to do is I normally start off the interviews with a couple of icebreakers.

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So the first icebreaker is a quote that I want to respond to.

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And the quote is, you need to do something. You don't need to do everything.

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I think the country is experiencing an existential threat to democracy.

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We've never seen anything like this in our history except for during the Civil War.

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And I think the key to overcoming efforts at autocratic rule is for everybody

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to pitch in and do their part.

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No autocrat is physically more powerful than a majority of the citizenry,

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but everybody has to understand the threat and everybody has to be willing to do something.

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So whether it's giving money or doing the sort of protests that those noble

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people in Minneapolis did back in January, or,

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I think there's a group that is trying to pressure one of the big banks into stopping...

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Loaning money to the private organization that runs many of these DHS holding

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pens, a bunch of, you know, ordinary people got together and they managed to

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convince a giant bank to stop doing this.

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So everybody needs to do their part if it's being out on a bridge brigade or

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if it's, you know, contributing money to a group that's trying to protect immigrants

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or being having their lives ruined for no reason. Everybody has to do something.

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Yeah. I noticed you had said that you're not necessarily the guy that's going

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to be out in the protest, but you're going to do your part and you encourage

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everybody else to do their part, whatever that is.

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So that's, that's pretty cool. All right. So now the next one is called 20 questions.

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So I need you to give me a number between one and 20.

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13 13 all right do you think there's such a thing as unbiased news or media and why.

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Everybody has a perspective i don't think there's any way to avoid having a perspective,

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i think there's still a difference between lies and truth so you know the earth

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rotates around the sun, the earth is round.

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Barack Obama was born in the United States.

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The 2020 election was not stolen from Donald Trump.

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There are facts, but once you start getting into.

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What we should do about complicated questions, like what exactly our immigration

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policy should be, exactly how much should we be participating in the rest of

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the world, how isolationist, how interventionist.

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Everybody has a perspective. So, you know, and the political right says that

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the mainstream media is biased and it has a left-leaning bias.

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In one sense, that's true. I mean, most of the people who work for the New York

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Times, most of the people who, work for the big network news companies,

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at least until recently, they're very well-educated people.

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More likely than not, they've been to college. More likely than not,

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they're less religious than the average American. And with those characteristics

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go certain views about the world. So those people are much more likely to support

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gay marriage than maybe the average American.

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And if they write a story about people who write a story about white Christian

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nationalists, they're likely to be pretty critical of them.

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So, yes, I mean, everybody has a perspective, but.

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We shouldn't go from that premise to the idea that all perspectives are equally

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legitimate because Fox News is just propaganda and the Trump White House just

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lies to you, whereas the New York Times never lies to you.

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If they make a mistake, they admit it. So, you know, complicated answer.

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Everybody has a perspective. Yes, there is no neutral position,

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But there is still fact versus lies.

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And we're subjected today more than I think we've ever been in,

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you know, really in our history, because I don't think we've ever had anything

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quite like Fox News, which has the reach that it does, yet feels very little

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obligation to tell the truth.

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Yeah. All right. So I don't know if you ever played T-ball in your life,

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but I'm going to tee a question up for you. This is probably going to be easy.

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Why is history of American law important?

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Well, I think history is generally important because I think it's hard to understand,

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why things are the way they are today unless you've understood how they came to be that way.

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So if I'm trying to understand why, you know, 75 or 80 million people voted

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for Donald Trump, I need to understand

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how so many members of the white working class got so alienated that they were

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willing to support an autocratically,

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openly autocratic buffoon.

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I mean, why would people do that? And the answer is, you know,

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some combination of racism, Christian nationalism, and especially kind of.

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The extreme neoliberalism of the last 50 years, which has made the working class,

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much worse off objectively than their parents and grandparents were.

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And, you know, even though African-Americans and Latino-Americans are objectively still worse off.

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When they're unhappy with the status quo, they turn politically leftwards,

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whereas the white working class has turned dramatically politically rightwards

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toward a kind of neo-fascism.

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So just to understand how we got to the current state of affairs,

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I think you need to understand history,

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You know, if African-Americans today have shorter life expectancies,

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are much more likely to be unemployed, higher death rates for black women who

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are pregnant, higher death rates for black infants.

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How do we get there? Right. Why is that when other groups that have been discriminated

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against have prospered? Right.

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Jews used to be treated like dogs and yet Jews have done pretty well.

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Italian and Irish Americans used to be treated like dogs. Why is it that they

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have not suffered in the same way?

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And the only way to understand that is to understand the history of Jim Crow

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and how pervasive it was, how ruthless it was, and how recently we got away with it.

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We got rid of it formally, although in lots of its ramifications.

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We're still seeing the consequences.

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And I'm writing a book on race and sports, so I often think about these things.

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But think about when did integration happen? Well, Jackie Robinson in 1947,

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the NFL in 1946, the NBA in 1950.

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But, you know, that was hardly the end of racism. You really didn't have any

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significant number of black quarterbacks till the 1980s because of the stereotype

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that blacks couldn't run a team and weren't intelligent enough.

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The NFL didn't have a black head coach until 1989, Major League Baseball until 1975.

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So we're talking 30 or 40 years before you got that. And, you know,

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even today, the NFL is like 60, 70 percent African-American.

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There's something like three black head coaches. How can that possibly be?

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So, you know, there are lots of ways you can look around American society and

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still see the consequences of that racism or the consequences of current stereotype

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thinking that flowed out of that history of slavery and Jim Crow.

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So to me, I'm biased, I'm an historian, but I don't think you can understand

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anything without understanding the history of how we got to where we are.

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Yeah. So I'll let you in on something. And people that listen to podcasts,

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I think I've told this before, but usually when I move into a city,

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one of the first places I go is like the oldest cemetery in the city.

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Cause I want to know who the founders of that city is, right?

00:16:02.186 --> 00:16:05.526
It's like, why is this street named? Oh, okay. So that, that,

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that's the person that's streets named after or whatever.

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And it just gives me a connection. Right. And I think that's,

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that's, that that's what you're conveying to me is,

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you got to have a connection you got to understand it's like a jigsaw puzzle

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you've got the foundation but you've got to know how to fit those other pieces

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and if you don't have that foundation of history you're not you're going to be,

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you know lost trying to put that puzzle together so i i i'm a big history guy so,

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i i definitely agree with you on that and that's that's why i said it was a

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t-ball question because I knew you were going to.

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Bring that one on home.

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All right. In 2007, you wrote a book entitled Unfinished Business.

00:16:49.452 --> 00:16:54.056
The Virginia Law Review said the author argues that court decisions tend to

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reflect the racial mores of the times, which is why the Supreme Court has not

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been a heroic defender of the rights of racial minorities.

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And even when the court court has promoted progressive racial change,

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its decisions have often been unenforced, in part because severely oppressed

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groups rarely have the resources necessary to force the issue.

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So my question to you is, has anything changed in the nearly 20 years since you wrote the book?

00:17:24.179 --> 00:17:28.216
Well, things have gotten dramatically worse in a way that I don't think I could

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have predicted. So you can see the roots of the Republican Party's demise dating

00:17:34.686 --> 00:17:37.402
back to the 1990s with Newt Gingrich.

00:17:38.541 --> 00:17:46.187
You can see the way Mitch McConnell behaved, stealing a Supreme Court seat from Barack Obama in 2016.

00:17:46.721 --> 00:17:50.775
But the idea that the United States would twice elect somebody like Donald Trump

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president, or even that we would see kind of the openly white supremacist behavior

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of this administration, I think was kind of unpredictable.

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I mean, you could imagine the Supreme Court clamping down on race-based affirmative

00:18:04.545 --> 00:18:08.093
action. There had been conservatives who wanted to do that for a long time,

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but now they've gutted the Voting Rights Act.

00:18:11.088 --> 00:18:15.945
You know, we're going to lose a dozen, maybe more African-American congressional

00:18:15.945 --> 00:18:21.197
representatives in Southern states. I'm a little amazed that the Supreme Court would do that.

00:18:22.005 --> 00:18:26.795
I certainly would not have thought that in 2007. The administration's policy

00:18:26.795 --> 00:18:32.833
on refugees is we only allow whites from South Africa and nobody else from anywhere in the world.

00:18:33.298 --> 00:18:37.866
The president refers to African nations and Haiti as shithole countries.

00:18:38.203 --> 00:18:41.431
President refers to Haitian Americans as garbage.

00:18:42.557 --> 00:18:47.723
President, you know, runs social media accounts that portray the Obamas as monkeys.

00:18:48.182 --> 00:18:51.190
I guess maybe I was naive because after all, I am white.

00:18:51.190 --> 00:18:54.110
I have not experienced what it's like to be in the United States as a black

00:18:54.110 --> 00:18:57.110
person and maybe black people are less surprised.

00:18:57.110 --> 00:19:00.460
But I never thought we could have this kind of regression.

00:19:00.460 --> 00:19:04.840
The defense secretary trying to prevent African-Americans from being promoted

00:19:04.840 --> 00:19:11.036
in the military, renaming Confederate army bases after Confederate soldiers,

00:19:11.367 --> 00:19:14.856
the president saying slavery wasn't that bad. I didn't see this coming.

00:19:15.297 --> 00:19:22.360
And I guess I don't think, you know, I deal with young people and I don't think

00:19:22.707 --> 00:19:27.390
more than a tiny percentage of my students are openly white supremacist in the

00:19:27.390 --> 00:19:29.169
same way the administration is.

00:19:29.494 --> 00:19:33.270
I think some of them, you know, have bought a certain narrative that makes them

00:19:33.270 --> 00:19:36.060
think race-based affirmative action is hard to justify.

00:19:36.437 --> 00:19:42.085
But I don't think that they're racist in the same way that Donald Trump or Stephen Miller are racist.

00:19:42.393 --> 00:19:46.860
I think they've grown up in a society that is just very different from the society

00:19:46.860 --> 00:19:51.380
that I grew up in or you grew up in. And I don't think that kind of acceptance

00:19:51.380 --> 00:19:53.695
of racial diversity is going to go away.

00:19:54.102 --> 00:19:59.230
What we've done is we put a very small minority in charge and they see it as

00:19:59.230 --> 00:20:03.380
in their interest to appeal to this base, which wants a wider,

00:20:03.720 --> 00:20:07.975
more Christian nation. And I don't really see that being the wave of the future.

00:20:08.388 --> 00:20:11.890
If nothing else, if we have fair free and fair elections, they're going to get

00:20:11.890 --> 00:20:14.384
annihilated in November. I really believe that.

00:20:15.058 --> 00:20:18.920
But, you know, we're going to need a new Voting Rights Act, and we're going

00:20:18.920 --> 00:20:22.793
to need to get rid of this Supreme Court and get a court that's willing to allow,

00:20:23.008 --> 00:20:24.520
you know, they're going after medical

00:20:24.520 --> 00:20:28.020
schools, trying to prevent them from diversifying the medical community.

00:20:28.020 --> 00:20:31.722
We're going to go back to a world where you only have a handful of black doctors.

00:20:32.946 --> 00:20:36.673
I just don't see that being the future of the country. Yeah.

00:20:37.219 --> 00:20:42.215
So was that what was going through your mind when you decided to write your

00:20:42.215 --> 00:20:43.963
essay in America Unfinished?

00:20:44.803 --> 00:20:48.325
You know, they came to us, you know, I guess early this year and said,

00:20:48.325 --> 00:20:53.405
do you want to write something? And I was giving a lecture at Fordham in late

00:20:53.405 --> 00:20:56.953
February, and the lecture was called How Did We Get Here?

00:20:57.336 --> 00:21:03.885
So I start by listing the anti-democratic stuff that the Trump administration has done.

00:21:03.885 --> 00:21:08.227
So things like going after law firms, going after universities,

00:21:08.569 --> 00:21:13.575
refusing to spend money that's been appropriated, spending money that hasn't been appropriated.

00:21:13.575 --> 00:21:19.295
Things that are a direct contradiction of basic rule of law and democracy,

00:21:19.295 --> 00:21:21.907
the Justice Department going after the president's enemies.

00:21:22.511 --> 00:21:26.685
And then I tried to explain it. So I had a top 10 list. I listed 10 ways in

00:21:26.685 --> 00:21:29.419
which the administration is a threat to democracy and the rule of law.

00:21:29.854 --> 00:21:34.615
And then I tried to explain how we got here. And some of that is derived from,

00:21:34.975 --> 00:21:38.881
I was asked six years ago to write what's called the foreword to the Harvard Law Review.

00:21:39.369 --> 00:21:44.755
And it was called, what was the title the degradation of american democracy

00:21:45.115 --> 00:21:50.035
and the supreme court so this is where i talk about racism i talk about christian

00:21:50.035 --> 00:21:53.436
nationalism i talk about neoliberalism i talk about opening,

00:21:53.947 --> 00:21:56.900
inequality rampant inequality and.

00:21:57.573 --> 00:22:02.107
I tried to write that for this book we were asked to write a thousand words

00:22:02.450 --> 00:22:10.286
and i tried to you know to distill my fordham lecture into a thousand word version and it just didn't work.

00:22:10.693 --> 00:22:14.766
So I wrote to the editors and said, just do it without me. I don't have anything for you.

00:22:15.080 --> 00:22:17.035
And they said, well, we really want you to do it. And I thought,

00:22:17.035 --> 00:22:18.830
okay, I'll just carve off the race stuff.

00:22:19.323 --> 00:22:23.433
So I don't have to talk about the Christian nationalism and I've talked about the inequality.

00:22:23.840 --> 00:22:29.466
So that's what I did. I wrote an essay about the Renaissance of open white supremacy. Yeah.

00:22:30.615 --> 00:22:35.867
Do you agree with political scholars that believe that the 2016 election of

00:22:35.867 --> 00:22:40.257
Donald Trump was a backlash to the first black president being elected?

00:22:41.117 --> 00:22:46.057
I'm sure it was in part. You know, any event in the world has multiple causes.

00:22:46.892 --> 00:22:52.227
If James Comey had not started investigating Hillary Clinton's emails again

00:22:52.227 --> 00:22:56.227
10 days before the election, I'm pretty sure that we would never have heard

00:22:56.227 --> 00:22:57.437
from Donald Trump again.

00:22:57.437 --> 00:23:02.569
And my guess is if Joe Biden had been the nominee, he wouldn't suffer from.

00:23:03.400 --> 00:23:07.395
You know, the people who won't vote for a woman. I don't think it was inevitable

00:23:07.395 --> 00:23:10.130
that Trump would win the election.

00:23:10.507 --> 00:23:15.735
I do think that a lot of what made the Trump nominee, Trump the nominee,

00:23:15.735 --> 00:23:17.824
is a backlash against Obama.

00:23:18.033 --> 00:23:20.674
I think political scholars have pretty much demonstrated that.

00:23:21.104 --> 00:23:27.215
There's a very strong correlation between Republican voters who score high on

00:23:27.215 --> 00:23:30.061
what political scientists call racial resentment.

00:23:30.496 --> 00:23:34.635
So racial resentment is not identical to white supremacy, but the people we

00:23:34.635 --> 00:23:38.345
call racially resentful are the people who still believe Obama was not born

00:23:38.345 --> 00:23:42.165
in the United States, the people who think that whites are more discriminated

00:23:42.165 --> 00:23:44.602
against today in the United States than blacks.

00:23:45.009 --> 00:23:48.631
And when you look at the people who have high levels of racial resentment,

00:23:48.933 --> 00:23:53.234
and one thing that changed dramatically from, say, the 1980s to the 2010s

00:23:53.583 --> 00:23:58.355
is that that group of people who score high on racial resentment used to be

00:23:58.355 --> 00:24:00.978
equally represented in both political parties,

00:24:01.350 --> 00:24:05.836
and they've mostly migrated into the Republican Party over those 20 or 30 years.

00:24:06.236 --> 00:24:09.335
But the people who had the highest levels were the ones who were most likely

00:24:09.335 --> 00:24:13.324
to vote for Trump in the Republican primaries in 2016.

00:24:13.719 --> 00:24:15.385
So I don't think there's any doubt about that.

00:24:16.045 --> 00:24:21.381
But let's be clear, the backlash is probably among a significant minority.

00:24:21.666 --> 00:24:25.745
Most Americans actually admire Obama and still, by majority vote,

00:24:25.745 --> 00:24:29.835
I'm sure would regard him as a successful president and somebody they would

00:24:29.835 --> 00:24:32.449
very much like their children to grow up to be like.

00:24:33.616 --> 00:24:38.173
It's not a majority of the country that embraces this racial resentment.

00:24:38.434 --> 00:24:42.745
It may be a majority of the Republican Party, and those people are the ones

00:24:42.745 --> 00:24:44.639
who put Trump in power. Yeah.

00:24:46.645 --> 00:24:50.595
It's maybe a majority group of the minority party. Maybe it's not even a majority

00:24:50.595 --> 00:24:53.080
of the minority party, but it's a substantial percentage.

00:24:53.762 --> 00:25:00.305
All right. So let me ask you this question. Do you think that because you talk

00:25:00.305 --> 00:25:06.940
about the percentage breakdown in the United States from 1950 to now I believe,

00:25:07.856 --> 00:25:14.072
And so do you think that insecurity from.

00:25:15.252 --> 00:25:23.532
White people is a major factor into why there's this resurgence or renaissance

00:25:23.532 --> 00:25:27.945
in white supremacy or even just the racial resentment that's out there?

00:25:28.865 --> 00:25:32.371
Yeah, in some way, that's maybe the main factor.

00:25:32.783 --> 00:25:37.582
And Obama is just a reminder of how quickly that's happening.

00:25:37.582 --> 00:25:42.222
So to use the numbers that you're referring to, in the 1950 census,

00:25:42.222 --> 00:25:44.980
the country was 90% white, 10% black.

00:25:45.427 --> 00:25:49.480
In 1980, it was still 80% white.

00:25:49.829 --> 00:25:54.507
The last census shows that the United States is now about 58% white,

00:25:54.966 --> 00:25:59.243
and it's projected by demographers to be majority non-white,

00:25:59.705 --> 00:26:01.412
black, Latino, Asian, black.

00:26:02.295 --> 00:26:08.028
Within 20 or 25 years, that's inevitable. You could end immigration tomorrow,

00:26:08.028 --> 00:26:12.988
which the administration might like to do, and the country will still be majority non-white.

00:26:13.324 --> 00:26:16.648
Maybe it'll take a little bit longer. So if you look at all children in the

00:26:16.648 --> 00:26:21.608
United States below the age of 18, they're already majority non-white.

00:26:21.915 --> 00:26:25.888
So if you don't allow any more immigrants of color into the country,

00:26:25.888 --> 00:26:28.542
sure, it'll slow down the change, but it won't prevent the change.

00:26:29.082 --> 00:26:32.398
And we can tell that that's a big factor because that's going on around the

00:26:32.398 --> 00:26:33.538
rest of the world, right?

00:26:33.538 --> 00:26:37.708
So in France and England and Germany, they didn't have a black prime minister

00:26:37.708 --> 00:26:42.398
or president, but they nonetheless have a rise in far-right parties like the

00:26:42.398 --> 00:26:44.518
neo-fascist alternative for Germany.

00:26:44.901 --> 00:26:48.748
I think in France, it's more likely than not that the next prime minister will

00:26:48.748 --> 00:26:53.168
be from the party that isn't, you know, they've cleaned up their act a little

00:26:53.168 --> 00:26:56.538
bit, but they were founded by neo-Nazis, by fascists.

00:26:56.793 --> 00:26:59.043
So yeah, the whole world is seeing that.

00:26:59.440 --> 00:27:03.518
Immigration, people looking different, the other.

00:27:05.789 --> 00:27:09.127
It's almost human nature, right? If you think evolutionarily,

00:27:09.457 --> 00:27:12.948
to see somebody who's not like your tribe is to recognize a threat.

00:27:12.948 --> 00:27:15.042
I'm talking about tens of thousands of years ago.

00:27:15.402 --> 00:27:18.496
And now, because of that kind of natural impulse,

00:27:19.553 --> 00:27:25.393
And buying that with politicians' demagogic incentive to appeal to fear and,

00:27:25.881 --> 00:27:29.979
you know, the Muslims are coming to get us, the Mexicans are coming to get us,

00:27:30.973 --> 00:27:32.283
people are manipulable.

00:27:32.283 --> 00:27:36.573
And that's really sad. And, you know, the Biden administration didn't help with

00:27:36.573 --> 00:27:40.231
their immigration policy. You know, the United States should have lots of immigrants.

00:27:40.638 --> 00:27:44.983
We can digest lots of immigrants helping the economy, but you can't have what

00:27:44.983 --> 00:27:49.883
appears to be chaos at the southern border without people wanting to do something about it.

00:27:49.883 --> 00:27:54.073
And there's a saying in politics that if the left progressives don't handle

00:27:54.073 --> 00:27:55.799
immigration, then the fascists will.

00:27:56.136 --> 00:27:58.231
And that's unfortunately what we've done.

00:27:58.626 --> 00:28:04.017
But again, you know, the United States is going to be, I still believe,

00:28:04.423 --> 00:28:10.033
you know, one of the world's first successful multiracial democracies.

00:28:10.033 --> 00:28:14.791
And it's a it's a difficult accomplishment. And we're going through some terribly difficult times.

00:28:15.859 --> 00:28:19.254
We should be glad that Trump is such a buffoon and he's doing,

00:28:19.254 --> 00:28:22.929
you know, dozens of things to undermine his appeal.

00:28:23.592 --> 00:28:28.674
So when I, you know, I started this podcast during the first administration

00:28:28.674 --> 00:28:34.678
and I was saying then that this was like the last gasp of white supremacy.

00:28:35.309 --> 00:28:40.734
So my question to you is, why do you think they are bolder now than they were

00:28:41.114 --> 00:28:44.893
when they first had an opportunity with their first four years?

00:28:45.699 --> 00:28:48.624
Right. That's a great question. I'm not sure I know the answer.

00:28:49.162 --> 00:28:53.116
I want to say that Trump won the election in 2024.

00:28:53.440 --> 00:28:58.148
Again, every event in the world has multiple causes, but it was the inflation

00:28:58.554 --> 00:29:02.293
that I think led a number of voters,

00:29:02.793 --> 00:29:06.170
the people who are in the middle, who don't pay much attention to politics,

00:29:06.496 --> 00:29:08.608
who don't have strong ideological views.

00:29:08.975 --> 00:29:13.544
You know, they voted for Trump because the cost of living was quite a bit higher

00:29:13.544 --> 00:29:17.464
and it was higher everywhere in the world. It wasn't higher in the United States

00:29:17.464 --> 00:29:20.486
relative to Europe or relative to Japan or whatever.

00:29:20.868 --> 00:29:26.208
It was higher everywhere because of the supply chains being disrupted by COVID.

00:29:26.538 --> 00:29:30.410
And, you know, that's not a great reason to vote for an aspiring autocrat.

00:29:30.771 --> 00:29:34.564
But, you know, lots of people don't pay close attention and they didn't have

00:29:34.564 --> 00:29:37.184
those high prices during Trump's first administration.

00:29:37.509 --> 00:29:41.134
Now, Trump hasn't solved the problem and those people have largely turned against

00:29:41.134 --> 00:29:45.258
him and he's going to get a beating in the November elections, I'm pretty sure.

00:29:45.658 --> 00:29:48.160
Why are they more open about what they're doing?

00:29:48.896 --> 00:29:53.510
You know, it's a complicated political coalition and, you know,

00:29:53.850 --> 00:29:57.090
they see an opportunity and this could be their last opportunity,

00:29:57.090 --> 00:30:00.630
right? The country they want, you know, they make America great.

00:30:00.630 --> 00:30:03.850
They want a white country dominated by white people.

00:30:04.152 --> 00:30:08.285
They want a country with a, you know, Protestant Anglo-Saxon majority.

00:30:08.674 --> 00:30:14.550
Those things are disappearing. And I think they probably believe it's now or never, right?

00:30:14.550 --> 00:30:17.759
In the same way I see Trump as an existential threat to democracy,

00:30:18.095 --> 00:30:22.180
the MAGA people see the world as an existential threat.

00:30:22.180 --> 00:30:25.500
And, you know, what's her name? The press secretary who's leaving just said

00:30:25.500 --> 00:30:28.870
that the other day. I mean, it's the Democrats are an existential threat to

00:30:28.870 --> 00:30:31.139
the country. I think she really believes that.

00:30:31.470 --> 00:30:35.280
But what she's worried about are, you know, we're not going to have all white

00:30:35.280 --> 00:30:39.121
people in charge. We're going to have, you know, Muslims who have equal rights.

00:30:39.451 --> 00:30:45.668
And we're going to do some serious redistribution like Biden tried to do with Build Back So,

00:30:46.312 --> 00:30:51.188
you know, the people at Heritage Foundation with their 2025 project,

00:30:51.559 --> 00:30:55.410
they're also, you know, they're going to lose in the long term if we have democracy.

00:30:55.410 --> 00:30:58.890
If we have democracy, people are going to vote to tax billionaires and they'll

00:30:58.890 --> 00:31:02.890
vote for a wealth tax and they'll vote for all the aspects of Build Back Better

00:31:02.890 --> 00:31:06.420
that didn't get adopted. Free community college, free child care.

00:31:07.440 --> 00:31:10.537
And they're scared to death of that. So, yeah.

00:31:11.638 --> 00:31:15.820
I don't know. I don't think I have a great answer for why they're more desperate

00:31:15.820 --> 00:31:17.455
and more focused right now.

00:31:17.919 --> 00:31:21.070
You know, the Trump administration did have a lot more constraints.

00:31:21.070 --> 00:31:26.186
So, you know, a lot of the people Trump appointed, you know, people like John Kelly,

00:31:26.991 --> 00:31:33.051
people like his first chief of staff, Republican senators like Jeff Blake,

00:31:33.422 --> 00:31:36.610
you know, the Republican Party hadn't completely lost its mind,

00:31:36.610 --> 00:31:40.636
but now they've chased out anyone who has a constraint on Trump.

00:31:40.956 --> 00:31:47.040
And Trump only appointed seriously unqualified people who have no backbone and

00:31:47.040 --> 00:31:48.860
will not tell him anything he doesn't want to hear.

00:31:48.860 --> 00:31:53.170
So you had serious people in the first cabinet and, you know,

00:31:53.590 --> 00:31:56.978
you don't have that. Now you have Pete Hegseth and Robert Kennedy and.

00:31:58.252 --> 00:32:02.658
A bunch of people who have no real principles or convictions,

00:32:03.262 --> 00:32:06.868
but I don't know that I've given a great answer. I think they're desperate.

00:32:07.530 --> 00:32:10.473
Yeah. All right. So I'm going to ask you a personal question.

00:32:11.232 --> 00:32:15.655
Sure. You are a white man, highly educated, highly successful,

00:32:16.242 --> 00:32:17.995
affiliated with Harvard University.

00:32:18.645 --> 00:32:20.845
White privilege is at your disposal.

00:32:21.640 --> 00:32:24.926
Why hasn't the rot of white supremacy affected you?

00:32:25.809 --> 00:32:30.590
Well, you know, I've never been to try to be empathetic to the people who are,

00:32:31.580 --> 00:32:35.882
losing their minds politically. And I do try to be empathetic because I think

00:32:35.882 --> 00:32:37.153
lots of them are good people.

00:32:37.565 --> 00:32:40.807
Donald Trump is not a good person. He's a very, very bad person.

00:32:41.260 --> 00:32:44.672
He's a very flawed person. You could feel sorry for him. He grew up in a family

00:32:44.672 --> 00:32:47.448
where I don't think anybody loved him. His father was a horrible person.

00:32:47.930 --> 00:32:52.992
But, you know, the average farmer in Iowa who voted for Trump three times,

00:32:53.468 --> 00:32:56.082
I think would give you the shirt off their back if you were in trouble.

00:32:56.402 --> 00:32:59.221
I don't think they're bad people. I think they're kind of ignorant.

00:32:59.726 --> 00:33:04.312
And I think they don't, you know, if they don't understand history,

00:33:04.312 --> 00:33:07.441
they don't understand why we have race-based affirmative action.

00:33:07.905 --> 00:33:12.392
I've never suffered from race-based affirmative action. I'm at Harvard Law School,

00:33:12.392 --> 00:33:14.134
right? I mean, I've had every benefit.

00:33:15.018 --> 00:33:18.102
I do think it helps to understand the history of the country.

00:33:18.102 --> 00:33:22.612
Sometimes I think if everybody knew some more history, maybe they'd have a more

00:33:22.612 --> 00:33:25.090
liberal perspective on some of these issues.

00:33:25.999 --> 00:33:29.158
But it's people, you know, the people who support Trump, there's been a big

00:33:29.158 --> 00:33:34.668
political shift. So a lot of these people voted for Obama in 2008 and maybe

00:33:34.668 --> 00:33:37.345
even in 2012, right? He won Ohio.

00:33:37.601 --> 00:33:44.137
He won Iowa. Those are both states with disproportionately large white working class compositions.

00:33:44.584 --> 00:33:48.598
And Trump won them both by more than 10 points. So we're talking about a lot

00:33:48.598 --> 00:33:50.163
of people who shifted sides.

00:33:50.441 --> 00:33:53.738
And I think their view is the world is getting worse for me.

00:33:53.738 --> 00:33:57.898
And it is, right? Their life expectancies have gone down, which almost never

00:33:57.898 --> 00:33:59.311
happens in human history.

00:34:00.218 --> 00:34:05.808
Their children are addicted to opioids. These are people whose lives have gotten

00:34:05.808 --> 00:34:11.538
objectively worse. A lot of the working class unionized jobs in the auto industry,

00:34:11.538 --> 00:34:13.787
the steel industry, those are gone.

00:34:14.106 --> 00:34:20.398
It used to be that every generation, they would double their income and their

00:34:20.398 --> 00:34:24.277
children could be expected to do even better. And since 1980, that stopped.

00:34:24.648 --> 00:34:28.594
So the world's getting worse for them and they're looking for answers.

00:34:28.821 --> 00:34:32.388
And you've got these demagogic politicians who will give them answers.

00:34:32.388 --> 00:34:34.938
So the reason your life is worse

00:34:34.938 --> 00:34:39.061
is because African-Americans benefit from race-based affirmative action.

00:34:39.305 --> 00:34:42.027
And we have Muslims coming in and they're all terrorists.

00:34:42.428 --> 00:34:45.538
And the Democrats are trying to take your guns away, right?

00:34:46.058 --> 00:34:51.078
Like Obama talked about. And, you know, I'm not in that world, right?

00:34:51.078 --> 00:34:54.938
I have a really good, easy life, and I've done much better than my father did.

00:34:54.938 --> 00:34:58.858
So I don't think it's anything special about me. I think most of the people

00:34:58.858 --> 00:35:03.168
I know feel the same way. I know very few people who vote for Donald Trump.

00:35:03.534 --> 00:35:07.738
I have one or two crazy colleagues at Harvard Law School, but out of the 110,

00:35:07.738 --> 00:35:11.888
120 people, I'd be surprised if two of them voted for Donald Trump.

00:35:11.888 --> 00:35:15.126
They understand he's a demigod and an autocrat.

00:35:16.823 --> 00:35:21.303
I am empathetic to people whose world has gotten worse, but they're voting for

00:35:21.303 --> 00:35:25.373
a political party that pretty openly makes it even worse, right?

00:35:25.373 --> 00:35:28.593
We're going to cut millions of these people off of Medicaid,

00:35:28.593 --> 00:35:34.273
and we've cut taxes on billionaires, and we're not doing anything for them economically.

00:35:34.273 --> 00:35:35.967
They have $4 gasoline now.

00:35:36.262 --> 00:35:39.123
They should vote for Democrats who are going to make their lives better.

00:35:39.123 --> 00:35:42.451
But in order to do that, you need to nullify these other issues,

00:35:42.833 --> 00:35:45.301
and that's not easy to do. Yeah.

00:35:46.311 --> 00:35:51.643
All right. You end your essay with this passage. The present necessarily shapes

00:35:51.643 --> 00:35:53.192
how we think about the past,

00:35:53.773 --> 00:35:58.184
and the future will determine whether the Trump's, whether the Trump's administration's

00:35:58.579 --> 00:36:04.611
present efforts to distort our nation's rich racial history prove successful.

00:36:05.261 --> 00:36:11.281
So that leads me to two questions. One, how should Americans think about the country's past?

00:36:12.993 --> 00:36:17.447
Well, we should try to understand the reality. We should understand facts.

00:36:18.017 --> 00:36:22.864
With regard to race, Americans had slavery almost from the beginning.

00:36:23.351 --> 00:36:28.153
And under slavery, a racial ideology developed to justify the institution.

00:36:28.153 --> 00:36:29.644
So Blacks were inferior.

00:36:30.129 --> 00:36:34.853
We had a civil war. As you know, the civil war was initially not fought to end

00:36:34.853 --> 00:36:38.672
slavery. It was fought to prevent Southerners from seceding.

00:36:39.056 --> 00:36:43.773
It only gradually turned into a war against slavery. And as Americans came to

00:36:43.773 --> 00:36:46.623
condemn slavery, that doesn't mean they gave up white supremacy.

00:36:46.623 --> 00:36:52.033
So, you know, white Southerners, when they ratified the 13th Amendment abolishing

00:36:52.033 --> 00:36:56.573
slavery, they added resolutions making it clear that abolishing slavery didn't

00:36:56.573 --> 00:36:58.189
mean ending white supremacy.

00:36:58.613 --> 00:37:02.843
We had a period of Reconstruction where we tried to force some change in the

00:37:02.843 --> 00:37:05.967
South. We forced white Southerners to allow black people to vote.

00:37:06.473 --> 00:37:10.595
And that worked for about 10 years. We had some genuinely...

00:37:11.517 --> 00:37:16.812
Racially egalitarian politicians, true heroes, people like Charles Sumner and

00:37:16.812 --> 00:37:22.092
Thaddeus Stevens, who really did believe that any kind of racism was a badger

00:37:22.092 --> 00:37:24.522
incident of slavery and it should all be abolished.

00:37:24.522 --> 00:37:27.702
So you shouldn't have laws segregating railroads and you shouldn't have bans

00:37:27.702 --> 00:37:31.696
on interracial marriage and we should really just be colorblind.

00:37:32.009 --> 00:37:36.152
But that didn't last because as I understand it, the history of Reconstruction

00:37:36.152 --> 00:37:40.322
is white Northerners ultimately didn't fight as hard for racial equality as

00:37:40.322 --> 00:37:41.802
white Southerners fought against it.

00:37:41.802 --> 00:37:46.582
So within 40 years of the 15th Amendment, which bars disfranchisement based

00:37:46.582 --> 00:37:52.452
on race, 0% of Blacks were voting in the South, 0%, right? Not literally zero

00:37:52.452 --> 00:37:55.748
people, there are 100 Blacks voting in Atlanta, but 0%.

00:37:56.190 --> 00:38:00.172
So constitutional amendment completely nullified. That didn't really start to

00:38:00.172 --> 00:38:04.692
change until after World War II, the war against fascism, Black soldiers fighting

00:38:04.692 --> 00:38:08.531
for democracy, risking their lives, coming back, demanding civil rights.

00:38:08.849 --> 00:38:12.337
We didn't get that civil rights legislation until the mid-1960s.

00:38:12.732 --> 00:38:16.912
But even then, legislation is one thing, and changing attitudes is something

00:38:16.912 --> 00:38:20.372
else. How could there be no Black quarterbacks until the 1980s?

00:38:20.372 --> 00:38:23.297
How could the NFL not have a Black coach until 1989?

00:38:23.715 --> 00:38:27.262
How could there not be a Black president in the country until 2008?

00:38:27.639 --> 00:38:35.192
So these things take a very long time to undo and the effort to undo it was

00:38:35.192 --> 00:38:40.195
never committed to by all americans only by some americans and since the civil rights movement

00:38:40.636 --> 00:38:43.962
there's always been a backlash that you're competing against so richard nixon

00:38:43.962 --> 00:38:48.062
running against crime running on law and order ronald reagan running against

00:38:48.062 --> 00:38:50.748
welfare queens right there's always been.

00:38:51.330 --> 00:38:55.341
A very powerful resistance movement to the racial reform movement.

00:38:55.712 --> 00:38:59.832
And now we've gone even further than I would have thought possible in that direction.

00:38:59.832 --> 00:39:02.539
We have an openly white supremacist administration.

00:39:03.038 --> 00:39:06.864
On the other hand, you know, there's a lot of change going on.

00:39:07.312 --> 00:39:10.732
You know, black quarterbacks run the NFL right now. And, you know,

00:39:10.732 --> 00:39:12.722
there are two black people on the Supreme Court.

00:39:12.722 --> 00:39:18.262
And I don't think they can reinstate white supremacy as hard as they try in

00:39:18.262 --> 00:39:23.342
a country that's as diverse and where the young people are even more supportive of diversity.

00:39:23.708 --> 00:39:29.298
I still think the United States will be a successful interracial democracy.

00:39:29.803 --> 00:39:34.192
I do worry that some of the damage Trump is doing, especially in international

00:39:34.192 --> 00:39:36.647
affairs, will be difficult to undo.

00:39:37.175 --> 00:39:39.619
I don't know why anyone in the world would ever trust us again.

00:39:40.223 --> 00:39:43.102
So what is your vision for America's future?

00:39:44.150 --> 00:39:47.992
Well, do you mean my prediction or my hope? Well, I'll get to your hope in a

00:39:47.992 --> 00:39:49.776
minute, but what's your prediction?

00:39:51.221 --> 00:39:54.892
I think Trump, assuming we have free and fair elections, and it's hard for me

00:39:54.892 --> 00:39:59.062
to know for sure, I think the Democrats will win the House and maybe win the

00:39:59.062 --> 00:40:05.734
Senate in 2026. I think Democrats will have a very good chance to win the presidency in 2028.

00:40:06.348 --> 00:40:11.912
My concern is that I don't think enough Democrats necessarily understand how

00:40:11.912 --> 00:40:16.352
bad the situation is and are willing to fight back in aggressive ways.

00:40:16.352 --> 00:40:22.282
So I think at a minimum, with a Democratic trifecta, you need to break the filibuster.

00:40:22.282 --> 00:40:24.699
Otherwise, you'll never get voting rights legislation.

00:40:25.063 --> 00:40:28.682
You need to make the District of Columbia a state. You need to allow Puerto

00:40:28.682 --> 00:40:32.992
Rico to have a referendum and become a state because the malapportionment in

00:40:32.992 --> 00:40:35.901
the Senate is so heavily in the direction of Republicans.

00:40:36.371 --> 00:40:39.232
And you can't do anything about that. You're never going to get a constitutional

00:40:39.232 --> 00:40:43.581
amendment to change that according to the Constitution. You can't even change it by amendment.

00:40:44.137 --> 00:40:47.189
I also think you have to pack the Supreme Court. I think you could solve a lot

00:40:47.189 --> 00:40:50.604
of our problems if you just had a Democratic Supreme Court.

00:40:51.023 --> 00:40:54.509
And I think we need a lot of economic redistribution. So we're going to need

00:40:54.509 --> 00:40:56.816
to start taxing billionaires very heavily.

00:40:57.170 --> 00:41:00.549
We're going to need to do things like Mondami wants to do in New York,

00:41:00.549 --> 00:41:05.029
you know, free child care, free pre-K, free community college.

00:41:05.279 --> 00:41:10.149
We need to do the same sort of things that the New Deal did in the 1930s,

00:41:10.149 --> 00:41:12.729
though, as you knew, the New Deal didn't really apply to Black people,

00:41:12.729 --> 00:41:14.375
right? That's an important part of our history.

00:41:14.718 --> 00:41:18.769
People don't understand, but Social Security, a lot of the New Deal measures

00:41:18.769 --> 00:41:22.809
were designed so that they didn't cover agricultural workers or domestic workers,

00:41:22.809 --> 00:41:26.689
which is basically saying Black people are not going to benefit from this legislation.

00:41:26.689 --> 00:41:28.151
It was a New Deal for white people.

00:41:28.638 --> 00:41:34.426
Same with a great society. So we're going to need really dramatic economic and political change.

00:41:34.791 --> 00:41:38.629
And if we did that, I actually think, you know, that that can be reinforcing.

00:41:38.629 --> 00:41:42.769
Right. Once the government does stuff that benefits people, they like it and

00:41:42.769 --> 00:41:45.937
they'll vote for the party that wants to keep that. Right. Like Obamacare,

00:41:46.158 --> 00:41:48.213
like Medicare, like Social Security.

00:41:48.526 --> 00:41:51.729
Those were things that were very popular and Republicans tried to take them

00:41:51.729 --> 00:41:54.279
away, but they were never successful at taking them away.

00:41:54.650 --> 00:41:58.369
But I think it has to happen very quickly because you never know what's going

00:41:58.369 --> 00:42:01.963
to be around the next bend in the corner. It could be another pandemic.

00:42:02.288 --> 00:42:06.642
It could be mass unemployment from, you know, the AI bubble bursting.

00:42:06.886 --> 00:42:10.209
And once that happens, there's going to be a big backlash. And you may not,

00:42:10.209 --> 00:42:13.419
you know, Obama had two years that he could effectively do anything,

00:42:13.419 --> 00:42:15.146
the first two years of his presidency.

00:42:15.535 --> 00:42:19.979
And even then, you know, if it weren't for Nancy Pelosi being the best speaker

00:42:19.979 --> 00:42:23.339
of the House in history, they wouldn't have gotten the Affordable Care Act passed

00:42:23.339 --> 00:42:28.115
because people got old feet really quickly and the right, you know, engineered this,

00:42:29.061 --> 00:42:32.445
this fake, what's called the tax protesters, uh.

00:42:33.641 --> 00:42:39.783
The Tea Party people. Thank you. Which also was more rooted in race than most

00:42:39.783 --> 00:42:44.158
people tell you. I mean, they treat it as being a tax protest.

00:42:44.541 --> 00:42:49.853
But actually, if you go to these rallies, they have people dressed as witch

00:42:49.853 --> 00:42:54.503
doctors pretending to be Obama. And there's very high correlation between racial

00:42:54.503 --> 00:42:56.829
resentment and support for the Tea Party.

00:42:57.218 --> 00:43:02.849
It's not simply about anti-tax policy. It's also about racial resentment towards Obama.

00:43:03.301 --> 00:43:07.922
And now, of course, who orchestrated that? I mean, Trump was the number one birther, right?

00:43:08.550 --> 00:43:14.291
Yeah. All right. So finish this sentence. I have hope because.

00:43:15.121 --> 00:43:19.348
You know, my students give me hope. Young people give me hope. I am a pessimist.

00:43:19.812 --> 00:43:24.633
And I don't mean by nature. I think the United States has done a truly terrible

00:43:24.633 --> 00:43:30.267
thing in electing this administration. And I think it is going to be very, very difficult to undo.

00:43:30.685 --> 00:43:33.593
As I said a second ago, I don't think the world will ever trust us.

00:43:33.593 --> 00:43:35.869
I don't know why they should. I think NATO is over.

00:43:36.240 --> 00:43:39.572
I think it'll be hard to recreate public health service.

00:43:39.950 --> 00:43:44.350
You know, measles epidemics in the United States in 2026, unbelievable.

00:43:44.611 --> 00:43:46.521
God help us if we have another pandemic.

00:43:46.945 --> 00:43:50.503
I think we're driving scientists away by the hundreds, by the federal government

00:43:50.503 --> 00:43:52.988
cutting their grants. They're going to China. They're going to Europe.

00:43:53.400 --> 00:43:56.568
I think a lot of those things are very, very difficult to undo.

00:43:56.980 --> 00:44:00.203
To the extent I'm optimistic, it's because I think, you know,

00:44:00.203 --> 00:44:03.833
the people who are supporting Trump are the 70-year-old white guys who watch

00:44:03.833 --> 00:44:06.183
Fox News, and they're not going to be in charge.

00:44:06.183 --> 00:44:09.113
They're not going to be around that much longer. It's going to be younger people.

00:44:09.461 --> 00:44:13.867
And the younger people are much more supportive of racial diversity.

00:44:14.134 --> 00:44:17.983
The younger people are much more left-leaning in their economic views because

00:44:17.983 --> 00:44:19.950
they're going to college and they're not getting jobs.

00:44:20.287 --> 00:44:22.615
They're going to demand that something be done about that.

00:44:23.021 --> 00:44:28.513
They're turning on Trump. So, you know, in my kids' friend groups,

00:44:28.513 --> 00:44:32.436
you know, my kids are in their late 20s, early 30s. My daughter...

00:44:33.357 --> 00:44:38.175
I have adopted kids and biological child. So I have both white and black kids.

00:44:38.483 --> 00:44:42.685
My white biological daughter, I think, doesn't know anybody in our friend group

00:44:42.685 --> 00:44:45.141
who isn't a pretty lefty Democrat.

00:44:46.250 --> 00:44:49.955
There were some white men who voted for Trump. Trump won white men,

00:44:49.955 --> 00:44:54.175
but those young white men are deserting him because they wanted jobs, right?

00:44:54.175 --> 00:44:58.815
They don't want a war in Iran, and they don't want gasoline at $4 a gallon.

00:44:58.815 --> 00:45:04.135
And so I do think that the younger generation has internalized a different set

00:45:04.135 --> 00:45:05.705
of values, and that's often true, right?

00:45:05.705 --> 00:45:10.275
I mean, it's often the case with racial change, with change with regard to attitudes

00:45:10.275 --> 00:45:15.657
toward gender roles, with change in regard to attitudes toward same-sex relationships,

00:45:16.005 --> 00:45:19.935
that it's not that the older generation changes its mind, it's that you get

00:45:19.935 --> 00:45:21.595
a generational displacement.

00:45:22.182 --> 00:45:26.605
I think that's actually a view that some scientists have about changing paradigms in science.

00:45:26.605 --> 00:45:32.355
It's not that the older scientists are persuaded by something that the younger scientists came up.

00:45:32.355 --> 00:45:36.275
It's just the older scientists leave and the younger scientists replace them.

00:45:36.275 --> 00:45:40.405
And so, you know, I think that's the story about race in the United States.

00:45:40.405 --> 00:45:45.605
You know, it's not that Brown created this change. It's that kind of World War

00:45:45.605 --> 00:45:50.425
II, you know, the ideological rejection of fascism, the role of black soldiers,

00:45:50.425 --> 00:45:53.939
the great migration, the greater education of African-Americans.

00:45:54.294 --> 00:45:56.929
Those things were having an effect on young people.

00:45:57.434 --> 00:46:01.535
And I wrote a book about gay marriage. You can see it happening with gay marriage.

00:46:01.535 --> 00:46:07.963
Basically, every year from 2000, 1% to 2% of the population increasingly supported it.

00:46:08.306 --> 00:46:12.885
And that enables you to go in one generation from 30% of the country supporting

00:46:12.885 --> 00:46:15.579
it to 70% of the country supporting it.

00:46:16.067 --> 00:46:20.828
By the time of Brown, 50% of Americans agreed with the Brown decision,

00:46:21.200 --> 00:46:23.345
which would not have been true before World War II.

00:46:23.625 --> 00:46:28.995
And by 1970, it was hard to find a lot of Americans who said Brown was wrong.

00:46:29.349 --> 00:46:33.865
I think a lot of that is generational change, and I like the values of the younger

00:46:33.865 --> 00:46:38.011
generation better than the values of my generation. Yeah.

00:46:38.777 --> 00:46:44.922
All right. So, Michael Klarman, how can people reach out to you other than,

00:46:45.049 --> 00:46:46.419
you know, enrolling in Harvard?

00:46:47.445 --> 00:46:51.805
How can they pick their brain of yours and pick up any of your writings,

00:46:51.805 --> 00:46:53.020
your books, all that stuff?

00:46:53.715 --> 00:46:58.165
I am religious about responding to emails. I would just ask to keep them short

00:46:58.165 --> 00:46:59.462
because I get a lot of emails.

00:46:59.967 --> 00:47:05.458
I'm always happy. I love suggesting stuff to read, whether it's my own stuff or other stuff.

00:47:05.882 --> 00:47:10.285
But if somebody emails me and I have a question about something you said or

00:47:10.285 --> 00:47:12.393
something that's going on, I'll respond.

00:47:13.025 --> 00:47:16.105
As I said, it's hard when you get 10-paragraph emails.

00:47:16.825 --> 00:47:20.143
It's good to keep it short and sweet. What's your address?

00:47:21.008 --> 00:47:28.021
M, as in Michael, Klarman, K-L-A-R-M-A-N, at law.harvard.edu.

00:47:28.235 --> 00:47:32.235
Or you can just go to Harvard Law School and look up faculty and just remember

00:47:32.235 --> 00:47:35.062
my last name is Klarman and you'll get it there. Yeah.

00:47:35.602 --> 00:47:39.901
Well, Michael Klarman, I really enjoyed this interview.

00:47:40.725 --> 00:47:44.845
I am glad that we were able to have this conversation. You were one of the people

00:47:44.845 --> 00:47:48.536
I really wanted to talk to, especially reading your essay.

00:47:49.407 --> 00:47:52.835
And I know you were limited in what you could do in, I guess,

00:47:52.835 --> 00:47:57.585
a thousand words or whatever, but I think you got your message across and I

00:47:57.585 --> 00:48:01.895
look forward to your book. So one One of the rules I have is that once you've

00:48:01.895 --> 00:48:04.214
been on the show, you have an open invitation to come back.

00:48:04.602 --> 00:48:09.475
So when you finish that book on sports, I definitely want you to come back on.

00:48:09.475 --> 00:48:14.315
I love sports as much as I love politics, if not more. So, yeah,

00:48:14.315 --> 00:48:18.081
yeah, I would love to have you come back on and we'll talk about the book as well.

00:48:18.728 --> 00:48:21.984
Well, thank you. That's very kind. I would enjoy that. All right.

00:48:22.559 --> 00:48:25.032
All right, guys, we're going to catch you all on the other side.

00:48:44.289 --> 00:48:50.530
All right, and we are back. So now it is time for my next guest, Joseph Margulies.

00:48:51.207 --> 00:48:57.262
Joseph Margulies is a writer and litigator and professor of the practice of

00:48:57.262 --> 00:48:59.067
government at Cornell University.

00:48:59.706 --> 00:49:05.752
Civil rights lawyer, he was counsel of record in Razul v. Bush in 2004,

00:49:05.752 --> 00:49:12.436
which gave Guantanamo detainees the right to challenge their detention in federal court.

00:49:13.040 --> 00:49:18.942
And in Munaf v. Guerin in 2008, which gave American citizens the right to challenge

00:49:18.942 --> 00:49:21.132
their detention by the U.S. government.

00:49:21.893 --> 00:49:26.072
Ladies and gentlemen, it is my distinct honor and privilege to have as a guest,

00:49:26.641 --> 00:49:29.968
on this podcast, Joseph Margulies.

00:49:40.969 --> 00:49:44.307
All right. Joseph Margulies. How are you doing, sir? You doing good?

00:49:44.620 --> 00:49:46.210
I'm doing very well, sir. And you?

00:49:46.680 --> 00:49:50.920
I'm doing lovely. I'm on a roll, man. I had some Harvard professors on last

00:49:50.920 --> 00:49:55.899
week. Now I got a guy that beat George Bush in the Supreme Court. I'm just, I'm rolling.

00:49:57.380 --> 00:50:02.510
Cornell professor at that. So yeah, I'm seriously, yeah, I'm really,

00:50:02.510 --> 00:50:08.380
really honored to have you on to talk about your new book and hold on,

00:50:08.380 --> 00:50:09.839
hold on. I'm going to get this right.

00:50:10.140 --> 00:50:15.200
I'm going to read the whole title. The book is called cast out a call for a

00:50:15.200 --> 00:50:18.535
forgiving society in an age of incarceration.

00:50:19.187 --> 00:50:25.070
So we're going to talk about what happens, your thoughts on that book and some

00:50:25.070 --> 00:50:26.867
other things that might be related to it.

00:50:27.496 --> 00:50:32.040
Right. But before we do that, I do a couple of icebreakers to kind of get the

00:50:32.040 --> 00:50:38.180
conversation started. So the first icebreaker is a quote that I want you to respond to.

00:50:38.313 --> 00:50:42.052
And the quote is, if you feel pain, you are alive.

00:50:42.378 --> 00:50:44.955
If you feel other people's pain, you are a human being.

00:50:45.961 --> 00:50:52.410
Yeah, that's widely attributed to Tolstoy. It is the, you know,

00:50:52.410 --> 00:50:54.478
the opening quote of my book.

00:50:55.699 --> 00:51:00.226
And it is something I believe in my core.

00:51:00.865 --> 00:51:05.640
I think that the capacity for empathy,

00:51:06.434 --> 00:51:13.539
very different from sympathy, but empathy, that is to see yourself in the journey

00:51:13.539 --> 00:51:16.729
of another, is hardwired into our DNA.

00:51:17.029 --> 00:51:24.449
It is part of our soul and that it's popular nowadays to deny our capacity for

00:51:24.449 --> 00:51:29.283
empathy or to ridicule it and to say it's a bad thing. I think that is horribly misguided.

00:51:29.910 --> 00:51:37.779
I think that our capacity to recognize, to see ourselves in another and to see,

00:51:37.779 --> 00:51:44.524
and this is perhaps even more important, to see them in us, us in them and them in us,

00:51:45.180 --> 00:51:55.192
is essential to our character as humans and essential to the idea of a shared,

00:51:55.831 --> 00:51:59.800
humanity that comes together to solve its greatest problems.

00:52:00.707 --> 00:52:07.029
So I believe in that very, very strongly. Yeah. All right. So now the next icebreaker

00:52:07.029 --> 00:52:08.857
is what I call 20 questions.

00:52:09.118 --> 00:52:12.996
Okay. So I need you to give me a number between one and 20.

00:52:13.645 --> 00:52:17.169
You want me to say it out loud? Yes, sir. 16. All right.

00:52:18.186 --> 00:52:25.375
What is a misconception people often have about your beliefs or values? Oh, wow. That's great.

00:52:26.824 --> 00:52:27.666
Wow. That's great.

00:52:31.252 --> 00:52:36.588
The most urgent misconception, I think,

00:52:37.232 --> 00:52:46.569
is that because I speak on behalf of those who have done horrific things,

00:52:47.260 --> 00:52:56.345
people think that I do not recognize or I diminish or I do not appreciate the pain they have caused.

00:52:56.986 --> 00:53:02.031
And that, in fact, what I'm interested in doing is excusing their behavior.

00:53:02.309 --> 00:53:07.383
And that is a profound error. That is a very serious error.

00:53:07.911 --> 00:53:16.222
There is, as I just say in the book, a difference between an excuse and an explanation.

00:53:16.917 --> 00:53:19.577
And ordinarily, we don't have trouble understanding that difference.

00:53:19.577 --> 00:53:25.677
An excuse absolves. It absolves you of responsibility. but an explanation accounts.

00:53:26.333 --> 00:53:32.480
It accounts for how you got from where you were to where you are and to where you will go.

00:53:33.270 --> 00:53:38.529
I believe in explanations. I believe in the complexity of the human experience.

00:53:39.307 --> 00:53:44.572
That does not mean that I excuse people who have done great wrongs.

00:53:45.048 --> 00:53:49.177
I think they need to be held accountable, but accountability should take the

00:53:49.177 --> 00:53:56.670
form of a recognition of that entire experience or that entire explanation, right?

00:53:57.284 --> 00:54:03.224
Yeah. So why did you decide to write this book at this time?

00:54:03.898 --> 00:54:05.622
Yeah. Wow. These are great questions.

00:54:06.638 --> 00:54:12.346
There's a sense in which I've been writing this book for decades because my

00:54:12.346 --> 00:54:16.093
work, I'm a lawyer, I'm trained as a lawyer, I still practice law,

00:54:16.746 --> 00:54:20.926
and my work has always been basically for the same population.

00:54:20.926 --> 00:54:24.194
I represent, as a criminal defense lawyer and a civil rights lawyer,

00:54:25.049 --> 00:54:31.765
folks who have been cast out because they have done or are alleged to have done horrific things.

00:54:32.235 --> 00:54:34.882
These are the people we identify as monsters.

00:54:36.421 --> 00:54:38.096
And my great frustration as

00:54:38.096 --> 00:54:43.950
a lawyer has been my inability to communicate the humanity of my clients.

00:54:45.539 --> 00:54:49.844
The fact that I know in my soul that in all the ways that matter,

00:54:50.184 --> 00:54:52.690
I am no different from him and he is no different from me.

00:54:53.298 --> 00:55:00.084
That if I had traveled his path, I would be sitting behind these bars and he

00:55:00.084 --> 00:55:02.285
would be interviewing me or she.

00:55:04.960 --> 00:55:10.764
And the law is a very difficult tool to try to communicate that because of the

00:55:10.764 --> 00:55:14.701
restraints imposed on you by the architecture of legal practice.

00:55:15.775 --> 00:55:21.974
And so I, and because there are no other books that really grapple with the

00:55:21.974 --> 00:55:26.980
problem of the shared humanity of people who have done great wrongs.

00:55:27.206 --> 00:55:28.716
There's a lot of books about innocence.

00:55:29.470 --> 00:55:32.721
There's a lot of books, generally speaking, about prisons in general.

00:55:33.487 --> 00:55:39.963
But there are very few books, there are no books, that take the worst cases.

00:55:40.462 --> 00:55:43.597
As you know, the book is built around the lives of six people,

00:55:43.788 --> 00:55:48.684
all of whom did something really horrible and asked what brought them to this

00:55:48.684 --> 00:55:52.345
day? What brought them to this day? What happened?

00:55:53.416 --> 00:55:59.272
And in that telling, we come to see us in them and them in us, right?

00:55:59.805 --> 00:56:02.714
And leads to the conclusion, which is my personal philosophy,

00:56:02.714 --> 00:56:07.632
which I've held for many years, is that there is no them. There is no them. There is only us.

00:56:08.091 --> 00:56:09.931
I am him. I am him. He is me.

00:56:10.548 --> 00:56:12.253
And that's the motivation for the book.

00:56:13.703 --> 00:56:18.950
So I have been in law enforcement.

00:56:19.747 --> 00:56:22.917
I've done six and a half years in law enforcement.

00:56:23.771 --> 00:56:29.130
And one of the things I used to tell the guys when I was in jail was that the

00:56:29.130 --> 00:56:32.990
only difference between you and me is that you've got a blue jumpsuit on or

00:56:32.990 --> 00:56:35.722
an orange jumpsuit on, and I've got this uniform.

00:56:37.107 --> 00:56:40.730
It's like I could have very easily have made a mistake and been in the same

00:56:40.730 --> 00:56:46.150
position you're in. Or you very easily could have not been accused of what you've

00:56:46.150 --> 00:56:49.036
been accused of, and you've been working alongside me.

00:56:49.605 --> 00:56:53.050
So, you know, I totally get what you're saying.

00:56:53.470 --> 00:56:57.280
I think a lot of people, I think you're in tune with the fact that a lot of

00:56:57.280 --> 00:56:59.885
people don't, and we're going to dive into that a little more.

00:57:00.477 --> 00:57:05.322
But yeah, to me, that should be a basic concept.

00:57:06.059 --> 00:57:08.870
And so I'm going to ask you this question, even though you've kind of answered

00:57:08.870 --> 00:57:14.160
it in the previous two other questions, but I love the way that you phrased

00:57:14.160 --> 00:57:17.106
it. So explain who the whatabouts are.

00:57:18.566 --> 00:57:24.017
Yeah. So as I was working on this book, I would talk to people.

00:57:24.574 --> 00:57:28.870
I'm writing a book, and it's not really about forgiveness. I'm not saying people

00:57:28.870 --> 00:57:35.447
should be forgiven. I'm saying that our society has become really grotesquely unforgiving, right?

00:57:35.807 --> 00:57:42.100
We are uncaring and ungenerous and unyielding, and we cast people out for when

00:57:42.100 --> 00:57:45.646
they stumble, right, without recognizing that any of us could stumble this way.

00:57:46.274 --> 00:57:50.517
And people would say, yes, that's so true. That's so true. It is awful what we do.

00:57:50.935 --> 00:57:54.301
And then they would stop and they would say, but what about,

00:57:55.561 --> 00:57:57.000
and everybody has a what about,

00:57:57.818 --> 00:58:02.322
Everybody has that person or that category of people that they think,

00:58:02.711 --> 00:58:04.951
no, that person is not one of us.

00:58:05.602 --> 00:58:11.872
That person has done something that I cannot do other than cast them out.

00:58:12.490 --> 00:58:16.334
And so it was, and it's different people for different folks, right?

00:58:17.429 --> 00:58:21.772
Back when George Floyd was murdered, for a lot of people, it was Derek Chauvin.

00:58:23.134 --> 00:58:29.034
The police officer who drove his knee into the neck of George Floyd on tape

00:58:29.034 --> 00:58:31.883
for the whole world to watch for over nine minutes.

00:58:32.180 --> 00:58:35.814
He was there. What about? I would say to my students that I don't believe in

00:58:35.814 --> 00:58:37.619
demonization and there is no them.

00:58:38.060 --> 00:58:41.827
And all my students would say, yes, yes. But what about Derek Chauvin?

00:58:42.509 --> 00:58:48.024
For me, for the longest time, it was Alex Jones, the conspiracy theorist,

00:58:48.729 --> 00:58:54.492
who just behaved horribly when he,

00:58:55.074 --> 00:59:01.974
denied the truth of the Sandy Hook shootings and said that the grieving parents,

00:59:01.974 --> 00:59:03.989
it's horrible, horrible what he did,

00:59:05.014 --> 00:59:10.334
were actors who were putting on a show as part of an effort to control,

00:59:10.334 --> 00:59:11.884
take people's guns away.

00:59:11.884 --> 00:59:14.558
I mean, it was a horrible behavior, this horrible behavior.

00:59:15.347 --> 00:59:20.544
And I had to really ask myself, well, what about for me personally,

00:59:20.544 --> 00:59:25.119
what about Alex Jones? Is he, is he the other? Is he a monster?

00:59:26.269 --> 00:59:31.348
And for some people, it's others. And I don't know Mr. Jones. I've never met with him.

00:59:31.877 --> 00:59:39.511
But I dug deep into the psychology of the conspiracy theorist and what the seduction,

00:59:40.265 --> 00:59:45.211
of being perceived as a messiah and a truth teller to so many people,

00:59:45.501 --> 00:59:46.981
what that must do to someone.

00:59:47.497 --> 00:59:51.601
And I came to the conclusion that if I'm really honest, and as hard as this

00:59:51.601 --> 00:59:53.809
was for me to admit, I could be Alex Jones.

00:59:54.911 --> 00:59:58.551
I do not view Alex Jones as the other, which is not to say I excuse what he

00:59:58.551 --> 01:00:00.783
did. What he did was wrong, and he needs to be held accountable.

01:00:02.894 --> 01:00:06.167
That's that misconception that we were talking about.

01:00:06.846 --> 01:00:15.454
Everybody has their whatabout, but if you are truly honest and open to understanding

01:00:15.454 --> 01:00:19.036
what happened, I see him in me and me in him.

01:00:19.344 --> 01:00:22.769
I do not view myself as other than Alex Jones.

01:00:23.194 --> 01:00:27.488
It's painful as it is for me to say that. Well, you know, it caught me off guard

01:00:27.866 --> 01:00:32.314
when I'm reading that. You said, my whatabout was Alex Jones.

01:00:32.314 --> 01:00:36.090
I was like, oh, OK, let me let me see where he's going with that one.

01:00:36.404 --> 01:00:42.504
But I mean, I agree with you about, you know, what he said and all this stuff.

01:00:42.504 --> 01:00:48.066
And he he has a tone for it in a way, but it wasn't a criminal civil.

01:00:48.585 --> 01:00:51.744
And so I guess that's what threw me off, because it was like you had been dealing

01:00:51.744 --> 01:00:53.543
with all of these criminal cases.

01:00:53.949 --> 01:00:57.960
And then your what about was a guy that said something stupid. Right.

01:00:58.874 --> 01:01:06.524
And so but but I get it. And, you know, I may have a few whatabouts.

01:01:06.524 --> 01:01:10.594
I may need to have some therapy counseling with you on that and try to purge

01:01:10.594 --> 01:01:11.921
me from some of this stuff.

01:01:12.421 --> 01:01:17.444
There's nothing wrong with having the whatabout. It's what's wrong is refusing

01:01:17.444 --> 01:01:22.835
to entertain the thought that he is me and I am him, right?

01:01:23.894 --> 01:01:29.354
To even entertain the thought that I could be him, he could walk in my shoes

01:01:29.354 --> 01:01:31.766
just as easy as I could walk in his. Yeah.

01:01:32.364 --> 01:01:36.634
So, you brought it up that America has become an unforgiving society.

01:01:36.634 --> 01:01:38.784
In your opinion, why do you think that is?

01:01:39.304 --> 01:01:43.082
Oh, I think it's a combination of things. There's never any single thing,

01:01:43.732 --> 01:01:48.057
but we have long embraced...

01:01:49.264 --> 01:01:56.142
Individual blame as explanations for when things go wrong, whenever anything goes wrong.

01:01:56.772 --> 01:01:59.869
This is throughout society. It's not just in the criminal legal system.

01:02:00.982 --> 01:02:05.519
We look for someone to blame as though it were one person's fault.

01:02:06.182 --> 01:02:10.318
And ideally, it's someone that we can cast out.

01:02:10.666 --> 01:02:18.402
That is, we can single them out and hold them up for a particular kind of ostracism and calumny.

01:02:18.402 --> 01:02:23.122
And in the criminal legal system, we can literally, not just figuratively and

01:02:23.122 --> 01:02:27.572
metaphorically, but literally cast them out as though that will purge ourselves,

01:02:28.372 --> 01:02:32.115
of this demon, this monster. That's how we deal with it.

01:02:32.916 --> 01:02:37.426
We're not comfortable looking at systemic or root causes.

01:02:37.629 --> 01:02:41.897
That's just not our style. What we do is look for bad actors.

01:02:43.534 --> 01:02:48.642
That's really behind the enormous growth of the carceral state.

01:02:50.352 --> 01:02:55.301
In the way that it has just exploded and we've become the incarceration capital of the world,

01:02:56.271 --> 01:03:03.342
and it has intensified that impulse to look at you know single bad actors has

01:03:03.342 --> 01:03:06.546
intensified in this moment of hyper polarization.

01:03:07.212 --> 01:03:14.932
So we are living in a time when instead of asking ourselves whether a person

01:03:14.932 --> 01:03:16.993
who believes something very different than I believe,

01:03:17.794 --> 01:03:23.609
could be acting in good faith, could be just like me, if I were walking in his shoes, I would,

01:03:24.434 --> 01:03:30.553
see the world as they do. Instead, we attach moral judgment.

01:03:30.553 --> 01:03:35.593
They're bad people because they, e.g., vote for Donald Trump,

01:03:35.593 --> 01:03:37.285
or they're a member of MAGA.

01:03:38.713 --> 01:03:45.973
Or they're a democratic socialist, whatever the enemy of the day is, the nemesis of the day.

01:03:46.403 --> 01:03:54.783
This kind of reflexive, hypercritical, hyper-judgmental approach is increasingly

01:03:54.783 --> 01:03:57.125
hardwired in the way we see the world.

01:03:57.706 --> 01:04:00.057
And that's very, very dangerous.

01:04:00.773 --> 01:04:04.201
As a society, that's just a bad way to view the world.

01:04:04.527 --> 01:04:09.213
Yeah. And, you know, and that explains the title of the book,

01:04:09.213 --> 01:04:13.993
Cast Out. And I remember getting into a debate with a friend of mine and he

01:04:13.993 --> 01:04:18.013
was, you know, we were talking about the carceral system.

01:04:18.313 --> 01:04:23.595
And, you know, I was explaining to him, I said, there's really three types,

01:04:24.255 --> 01:04:29.023
but we don't use the system that way. Right. So there's jail where it's like,

01:04:29.023 --> 01:04:32.344
that's your temporary holding until you go to court.

01:04:34.024 --> 01:04:39.109
But then where we got into it was the difference between penitentiary and prison.

01:04:39.714 --> 01:04:43.853
Right. Because the wording says that it's different.

01:04:44.474 --> 01:04:48.724
Penitentiary, especially when the system first started in the United States,

01:04:49.402 --> 01:04:53.213
you know, no matter how cruel you think it is, it was only supposed to be for

01:04:53.213 --> 01:04:57.536
a time certain, and you were supposed to be literally penitent for your sins.

01:04:58.513 --> 01:05:04.734
You were supposed to come to some absolution and then go back out to society, whereas a prison,

01:05:05.404 --> 01:05:09.952
It's like, you blew your shot. We wanted you to be a citizen.

01:05:09.952 --> 01:05:13.062
It didn't look like it's not going to work out for us. You're too much of a

01:05:13.062 --> 01:05:16.776
threat. So we're going to exile you to this place.

01:05:19.782 --> 01:05:27.044
But in the political jargon, it's become penitentiary and prison become synonymous.

01:05:27.705 --> 01:05:35.122
And I think if we just went back to that, I think that would improve the system.

01:05:35.122 --> 01:05:39.302
It wouldn't fix it but it would improve the system if we understood there's

01:05:39.302 --> 01:05:41.385
a place where you've got to do some time,

01:05:41.937 --> 01:05:46.642
and come to some absolution and then there's a place where because i'm i'm not

01:05:46.642 --> 01:05:48.549
in favor of death penalty so it's like

01:05:48.961 --> 01:05:52.862
to me that's the people that go to prison the ones that you think you should

01:05:52.862 --> 01:05:58.556
execute those are the ones you say well we you you can't be back in society anymore,

01:05:59.192 --> 01:06:04.068
yeah and you know and so that's that's kind of my mindset of that but.

01:06:04.955 --> 01:06:10.163
When you're talking about the society being unforgiven, it doesn't matter if

01:06:10.163 --> 01:06:13.233
you just went to the county jail for some people.

01:06:13.927 --> 01:06:17.093
It's like, you know, it's like, oh, you did that. You know what I'm saying?

01:06:17.093 --> 01:06:21.203
And they want to put a pall on you. And that's why a lot of us in the political

01:06:21.203 --> 01:06:26.313
arena was like saying when people are applying for jobs, that's the first indication

01:06:26.313 --> 01:06:27.980
they're trying to get back in society.

01:06:28.369 --> 01:06:32.926
So why would we put a box or question on an application saying,

01:06:33.169 --> 01:06:34.209
have you ever been arrested?

01:06:34.952 --> 01:06:39.352
Or have you been convicted because at that point even though the law says,

01:06:40.084 --> 01:06:44.223
technically you can't discriminate against somebody like that you know good

01:06:44.223 --> 01:06:49.223
and well that if you mark that box yes your your your chance of even getting

01:06:49.223 --> 01:06:53.869
a second interview is out the door right so you know we,

01:06:54.594 --> 01:06:59.963
anyway we'll get into that a little more i want i want to ask you this question about environment.

01:06:59.963 --> 01:07:04.722
You make the case that a person's environment doesn't necessarily define them,

01:07:05.314 --> 01:07:08.234
but their tolerance for trauma can impact them.

01:07:08.692 --> 01:07:11.196
Go deeper into that. Wow. Yeah.

01:07:11.823 --> 01:07:14.903
So I don't think that environment is destiny, right?

01:07:15.543 --> 01:07:21.653
If we believed that, we would have a hard time explaining why the great majority

01:07:21.653 --> 01:07:26.064
of folks who are raised in horrific circumstances,

01:07:26.661 --> 01:07:30.373
do not become embroiled and ensnared in the criminal legal system,

01:07:30.373 --> 01:07:32.449
and do not commit acts of violence.

01:07:34.000 --> 01:07:34.738
So,

01:07:36.940 --> 01:07:44.420
when you are trying to account, again, not excuse, but account for the path

01:07:44.420 --> 01:07:45.803
that a person has followed,

01:07:46.546 --> 01:07:51.750
you have to look deeper than the fact that they grew up in a very poor,

01:07:51.750 --> 01:07:55.298
very violent, blood-soaked neighborhood, right?

01:07:55.850 --> 01:07:59.400
So I write about Eric Matthews, for instance, and he's the first story in the

01:07:59.400 --> 01:08:03.000
book, first chapter in the book. And Eric has become a very good friend,

01:08:03.000 --> 01:08:10.386
is a remarkable guy, and spent 30 years in Angola, the Louisiana State Prison at Angola.

01:08:11.071 --> 01:08:14.838
Eric grew up in the St. Thomas homes before they were torn down,

01:08:15.221 --> 01:08:20.910
when it was literally one of the most violent, dangerous neighborhoods in the

01:08:20.910 --> 01:08:23.561
country, a really rough time.

01:08:24.447 --> 01:08:28.850
And I talk about how living in that environment, what he would describe to me,

01:08:28.850 --> 01:08:34.170
I'd go to Angola and we'd talk and he would describe how when you were living

01:08:34.170 --> 01:08:37.095
in that neighborhood, there was never a moment in which you,

01:08:38.300 --> 01:08:41.763
didn't think that something was about to pop off, right?

01:08:42.221 --> 01:08:44.828
It was just the constant level of threat.

01:08:46.030 --> 01:08:50.745
You may get home safely that evening, and in fact, nothing may go on.

01:08:50.913 --> 01:08:57.757
But the level of stress and cortisol and hyper-awareness affects you.

01:08:59.026 --> 01:09:02.660
He grew up remarkable, had no involvement in the criminal legal system,

01:09:02.660 --> 01:09:08.480
never been arrested, never had no cases at all, you know, co-valedictorian in

01:09:08.880 --> 01:09:13.080
high school, served in the National Guard, joined the military, right?

01:09:14.080 --> 01:09:16.135
On the surface, a very successful guy.

01:09:17.344 --> 01:09:20.980
But you have to dig a little bit deeper, and there was another piece that's

01:09:20.980 --> 01:09:26.510
hidden, and that was the trauma that he was experiencing at home that compounds

01:09:26.510 --> 01:09:28.240
the circumstances of his life,

01:09:28.873 --> 01:09:33.117
and was creating a kind of hyper-

01:09:34.597 --> 01:09:41.332
Taut wire that was just always on the edge of just snapping, right?

01:09:41.709 --> 01:09:50.370
As he goes through life superficially to all who know him in a sort of casual way, man, this is Eric.

01:09:50.597 --> 01:09:57.660
He has escaped from the clutches that ensnare so many young black men.

01:09:58.279 --> 01:10:03.497
And so these expectations, you know, He's a deacon in the church, right?

01:10:03.968 --> 01:10:10.709
He's going to make it. He's the symbol of those who—and they didn't see the

01:10:10.709 --> 01:10:14.869
pain and the strain that was—and occasionally, he would just erupt.

01:10:14.869 --> 01:10:19.779
It was just—right? Because what he needed really was somehow to process all

01:10:19.779 --> 01:10:23.429
that had happened to him. And I talk about all that had happened to him in the

01:10:23.429 --> 01:10:26.559
book, and I don't want to reveal too much.

01:10:27.679 --> 01:10:33.409
And he snapped and lost it on one occasion, as he had before,

01:10:33.856 --> 01:10:39.963
and erupted and beat a child that he loved dearly to death.

01:10:40.953 --> 01:10:47.344
His environment was not destiny, but the combination of his environment and the life he lived—.

01:10:49.069 --> 01:10:53.294
Allows me not to excuse, and Eric does not excuse what he did.

01:10:53.294 --> 01:10:59.348
He is immersed in his guilt and remorse and the pain that he feels.

01:10:59.944 --> 01:11:04.534
But I understand it. I understand. And if I lived his life, I think I probably

01:11:04.534 --> 01:11:08.596
would have snapped long before he did. He was 22 when the crime happened.

01:11:09.170 --> 01:11:11.469
I think I would have snapped long before that.

01:11:12.119 --> 01:11:17.954
Eric is not a monster. Eric is me. Yeah, I know he's involved in the ministry

01:11:17.954 --> 01:11:20.595
there at the prison and all that.

01:11:21.575 --> 01:11:26.876
Oh, and Angola. Yeah, that's a very interesting place.

01:11:27.154 --> 01:11:29.684
Yeah, that's a whole other, right. Yeah, you could.

01:11:30.404 --> 01:11:33.124
People have written, but you said people have written books about prison.

01:11:33.124 --> 01:11:36.240
That's one of the books that's been written. That's right. That's right.

01:11:36.554 --> 01:11:41.434
But, you know, I think about the young man that just got elected or got the

01:11:41.434 --> 01:11:44.619
Democratic nomination in Wisconsin, David Crowley.

01:11:45.199 --> 01:11:50.104
David Crowley, his parents, both his parents were drug addicts. Oh, I didn't know that.

01:11:50.864 --> 01:11:54.291
Yeah, he grew up he grew up in the projects in Milwaukee.

01:11:54.936 --> 01:12:01.459
And so when you talk about people like Eric Matthews, there's David Crowley in there, too.

01:12:02.022 --> 01:12:08.624
And fortunately for him, obviously, he's gotten to a place where now he's been

01:12:08.624 --> 01:12:10.672
an elected official for a long time.

01:12:11.188 --> 01:12:15.937
And he's and he's channeling his trauma through public service.

01:12:16.268 --> 01:12:18.416
Right. He found an outlet for his.

01:12:18.933 --> 01:12:24.169
Right. So that's like you said, you never know what will trigger somebody.

01:12:24.963 --> 01:12:28.404
But you've got to give people an outlet. And yeah.

01:12:28.857 --> 01:12:33.924
All right. So now in telling the story of Lucas Walling, you talk about the

01:12:33.924 --> 01:12:37.118
allure of white supremacy to those that are incarcerated.

01:12:37.838 --> 01:12:42.545
But why do you think it has the same appeal to those outside the correctional system?

01:12:44.515 --> 01:12:50.423
That's another great question. Lucas, all the people that I write about,

01:12:50.719 --> 01:12:54.859
they follow a different path to the worst day of their life.

01:12:54.859 --> 01:12:59.270
And the reason I, they're not all the same story, in other words, right?

01:13:00.651 --> 01:13:05.249
And Eric, for instance, is about growing up in this particular kind of neighborhood.

01:13:05.829 --> 01:13:11.799
And one of the women that I write about, Lisa Montgomery, is about mental illness

01:13:11.799 --> 01:13:14.192
and the particular trauma that she suffered.

01:13:14.806 --> 01:13:21.269
Lucas is really about the seductive power of fury and rage.

01:13:21.609 --> 01:13:28.029
And as a result of what happened to him when he was young, he just was so angry.

01:13:28.029 --> 01:13:32.079
And so it was really self-loathing that he directed outward.

01:13:32.079 --> 01:13:38.935
He was going to be the person that deserved to be hated as much as he hated himself.

01:13:40.114 --> 01:13:44.479
And for him, when he was in prison, white supremacy gave him an outlet for that.

01:13:44.897 --> 01:13:49.229
Fury, right? It told him that, yeah, it's a good thing to be angry.

01:13:49.909 --> 01:13:52.439
All these people on the outside who were telling him how you got to get over

01:13:52.439 --> 01:13:56.200
your anger, you got to get over your rage, you got to stop fighting all the time.

01:13:56.553 --> 01:13:59.599
That was just the opposite when he was in prison, right? And it was like,

01:13:59.599 --> 01:14:03.769
oh no, that's exactly what you got to be. And you got to be only more so,

01:14:04.112 --> 01:14:06.068
right? So it was very seductive.

01:14:07.531 --> 01:14:11.601
Other people are drawn to it inside and outside for different reasons, right?

01:14:11.601 --> 01:14:18.921
So there's a lot of, and this is true for a lot of gangs, not just white supremacy,

01:14:19.432 --> 01:14:23.014
or a lot of things that have a gang-type structure,

01:14:24.304 --> 01:14:28.969
a type of surrogate family, a type of surrogate brotherhood,

01:14:29.310 --> 01:14:33.760
a sense of belonging that folks lack in other circumstances.

01:14:34.977 --> 01:14:36.074
That's very common.

01:14:37.322 --> 01:14:42.545
A lot of folks, it gives them an outlet for a pre-existing racism.

01:14:42.731 --> 01:14:46.330
That's part of the white supremacy, right? So what Lucas would say is that.

01:14:47.780 --> 01:14:55.261
It was great because it tells you that, you know, whatever sort of latent racism

01:14:55.261 --> 01:14:57.811
that you feel, well, here's a label for it.

01:14:57.821 --> 01:15:04.177
Here's a name for it. And it has a sort of great deep historical pedigree and so on.

01:15:05.170 --> 01:15:09.751
Now, I mean, I should say, Lucas, through a great deal of work on his own when

01:15:09.751 --> 01:15:13.024
he was inside, came to the conclusion that it was all a bunch of baloney,

01:15:13.250 --> 01:15:18.308
right? And he repudiated it, and he's now diametrically opposite of it.

01:15:19.399 --> 01:15:22.591
But I understand it. He understands it.

01:15:23.256 --> 01:15:28.511
It made sense to him when he first came in. First came in, he was 17 when he

01:15:28.511 --> 01:15:33.208
was arrested, 18, I think, when he was convicted about a very, very bad homicide.

01:15:33.382 --> 01:15:36.215
A little guy, little geeky guy.

01:15:36.928 --> 01:15:40.641
And for him, white supremacy was.

01:15:43.924 --> 01:15:44.682
A kind of,

01:15:46.821 --> 01:15:53.711
family and membership and belonging that he had never had before.

01:15:53.711 --> 01:15:58.459
And so it was a very, and it's a great outlet for his, you know,

01:15:58.958 --> 01:16:00.931
this fury that he felt all the time.

01:16:02.901 --> 01:16:06.280
And that can exist inside, outside, everywhere. Yeah.

01:16:07.454 --> 01:16:13.585
Donovan X. Ramsey said, All events are the result of countless others,

01:16:14.031 --> 01:16:17.490
big and small, coming together at a particular moment.

01:16:18.115 --> 01:16:21.830
Even though you use that quote in the context of the Attica uprising,

01:16:22.306 --> 01:16:26.232
isn't that really the overarching theme of this book? Wow.

01:16:27.212 --> 01:16:29.582
I'd actually never thought about that, but yes, I believe it is.

01:16:31.907 --> 01:16:35.106
No event simply speaks for itself, right?

01:16:35.593 --> 01:16:40.392
And especially not the events that we look at and we say, holy cow,

01:16:40.392 --> 01:16:44.773
that's utterly inexplicable. The only way we can explain it is because he is a monster.

01:16:44.889 --> 01:16:47.309
Monsters do inexplicable things, right?

01:16:47.984 --> 01:16:54.422
When we say that an event like this is inexplicable, what we really mean is

01:16:54.422 --> 01:16:59.083
that we haven't made the effort to understand it. And we haven't traced the arc.

01:17:00.232 --> 01:17:03.982
And Donovan Ramsey was talking about that in terms of the crack epidemic,

01:17:03.982 --> 01:17:10.036
but you're right. It is true for, it's true for Alex Jones and it's true for

01:17:10.356 --> 01:17:13.942
Stephen Miller and it's true for Donald Trump, but it's also true for all these

01:17:13.942 --> 01:17:15.208
really, really serious.

01:17:15.998 --> 01:17:19.934
It's true for the riots at the Capitol on January 6th, but it's,

01:17:20.120 --> 01:17:22.616
it's also true for the crimes and the guys that I talk about.

01:17:24.104 --> 01:17:28.402
In your closing chapter, you wrote, yes, the journey from here to there will

01:17:28.402 --> 01:17:30.606
be more difficult. than we all might hope.

01:17:31.529 --> 01:17:36.701
However, current leadership experts are stressing empathy and accountability in the workplace.

01:17:37.386 --> 01:17:41.473
If that is the trend, then why would the journey be difficult?

01:17:43.121 --> 01:17:46.978
It's really seductive to demonize.

01:17:48.458 --> 01:17:54.636
I agree with you. There is a narrative that is encouraging us to think empathetically,

01:17:55.216 --> 01:18:01.018
but folks are resistant to it. It's very easy.

01:18:04.478 --> 01:18:07.198
To—hatred is seductive. Hatred is—and,

01:18:09.323 --> 01:18:15.732
building walls is really seductive. And we are engaging in that. We do it literally.

01:18:16.127 --> 01:18:21.558
We do it geographically. People are separating out into their own little colonies.

01:18:22.438 --> 01:18:27.080
Blue are moving to blue areas. Blue areas are getting bluer and red areas are getting redder.

01:18:27.614 --> 01:18:35.516
And our ability to sit down and commune with people who think very differently,

01:18:36.138 --> 01:18:37.558
is getting more difficult.

01:18:37.558 --> 01:18:43.745
That's why one of the chapters is about a guy who, in Missouri, was on death row.

01:18:44.099 --> 01:18:51.218
And I sort of tell the story through the experience of two correctional officers,

01:18:52.198 --> 01:18:53.519
who were in prison with him.

01:18:53.877 --> 01:18:58.098
And they were wonderful people. I loved spending time with them. Delightful.

01:18:58.598 --> 01:19:02.698
Worked at Potosi Maximum Security Correctional Center near St.

01:19:02.698 --> 01:19:04.663
Louis for a long, long time.

01:19:05.139 --> 01:19:10.248
They are extremely conservative folks with Trump flags out in the front yard.

01:19:10.248 --> 01:19:15.297
I mean, they think that the 2020 election was stolen, that Donald Trump won.

01:19:15.808 --> 01:19:20.428
We had a great time. We had a wonderful time. And they felt very strongly that

01:19:20.428 --> 01:19:24.800
Brian Dorsey should not be executed and said as much to the governor.

01:19:26.233 --> 01:19:29.182
So, people surprise you if you let them.

01:19:29.640 --> 01:19:35.181
But unfortunately, we are not inclined to let them now. That's why I think it's difficult. Yeah.

01:19:35.958 --> 01:19:38.953
So, what do you want readers of this book to take away from it?

01:19:39.687 --> 01:19:43.295
What I want people to take away is the idea that.

01:19:46.921 --> 01:19:50.630
The picture you have in your head about us and them,

01:19:52.661 --> 01:19:57.183
and the monsters that are out there that we need to be protected from,

01:19:57.905 --> 01:20:01.979
that those ideas need to be broken down.

01:20:02.696 --> 01:20:09.431
And that once you understand someone's story, if you truly understand their

01:20:09.431 --> 01:20:11.865
story, what brings them to where they are,

01:20:12.638 --> 01:20:18.841
in all its nuance and complexity and richness, you see them in you and you in

01:20:18.841 --> 01:20:23.846
them, and then you come to realize that there is no them, there is only us,

01:20:24.646 --> 01:20:28.646
that that is true for everyone, right? That that is true for everyone.

01:20:29.122 --> 01:20:35.731
Those who you are inclined to view empathetically and those who you are inclined

01:20:35.731 --> 01:20:40.047
to view as your whatabout it is true for everyone and so,

01:20:40.693 --> 01:20:44.843
and you can do this you can you can come to this empathetic realization,

01:20:45.534 --> 01:20:50.241
and so i view it as a hopeful book it is a practice is it like meditation is

01:20:50.241 --> 01:20:57.481
a practice it is a practice of seeing me and them and them in me every single

01:20:57.481 --> 01:20:59.534
day that's what I want people to take away.

01:21:00.205 --> 01:21:06.027
All right. So this is a challenge that I've been offering all the guests this particular year.

01:21:06.649 --> 01:21:10.115
Finish this sentence. I have hope because.

01:21:11.238 --> 01:21:13.547
Wow. Thank you for that.

01:21:15.463 --> 01:21:25.284
I have hope because I believe that people want to be connected.

01:21:26.190 --> 01:21:33.490
They want to see the shared humanity in each other.

01:21:34.413 --> 01:21:38.469
And ultimately, I think that will save us. Yeah.

01:21:39.716 --> 01:21:43.612
All right. Well, Joseph Margulies, thank you for doing this.

01:21:43.612 --> 01:21:45.135
And thank you for writing this book.

01:21:45.579 --> 01:21:52.591
And the book, again, is called Cast Out, A Call for a Forgiving Society in an Age of Incarceration.

01:21:53.004 --> 01:21:55.807
How can people get this book? How can people reach out to you?

01:21:58.118 --> 01:22:01.609
The book is available on all the—it'll be published September 15th,

01:22:01.788 --> 01:22:06.482
but you can pre-order it on all the independent and regular websites,

01:22:06.482 --> 01:22:11.312
the bookseller.org and Amazon and all the other outlets.

01:22:11.312 --> 01:22:15.712
You can go to any bookstore and pre-order it, and they'll have it delivered to you.

01:22:16.032 --> 01:22:22.662
I believe in supporting independent booksellers, so I encourage folks to look

01:22:22.662 --> 01:22:26.257
at those outlets, but it can be purchased anywhere.

01:22:26.460 --> 01:22:31.586
Just do a search for Cast Out, a call for a forgiving society, and you'll find it.

01:22:32.692 --> 01:22:36.324
Reaching out to me, I'm happy to respond to it. Well, I don't respond to the,

01:22:37.032 --> 01:22:41.082
hate mail that you get sometimes, but I'm not a big social media person.

01:22:41.082 --> 01:22:49.122
But my email is jm, as in Joseph and Mary, jm347 at cornell.edu,

01:22:49.122 --> 01:22:53.882
C-O-R-N-E-L-L.edu, as in Cornell University. That's me.

01:22:54.615 --> 01:23:01.342
Well, again, Mr. Margulis, I really, really am honored to have you on the podcast

01:23:01.342 --> 01:23:05.404
to talk about this book. I think it is very, very timely.

01:23:06.338 --> 01:23:12.942
And, and it, you know, it just, anything that kind of makes you reflect on yourself,

01:23:13.166 --> 01:23:15.473
I think is a noble exercise.

01:23:15.473 --> 01:23:21.113
And like I said, I can, being in the political world, I can really get caught

01:23:21.113 --> 01:23:24.513
up in the, in those whatabouts, right.

01:23:24.920 --> 01:23:27.753
And, and get caught up in, in judging people.

01:23:28.385 --> 01:23:33.983
But, you know, everybody has a lot of times when I interview some guests,

01:23:34.583 --> 01:23:36.843
I dive into their origin story.

01:23:36.843 --> 01:23:43.749
Right. I call it their superhero origin story and and and try to find out why do you do what you do?

01:23:44.315 --> 01:23:50.003
And so I think that's even appropriate for people that we don't think we would

01:23:50.003 --> 01:23:54.969
ever meet in society, people that we'll read about on the news and have this.

01:23:55.516 --> 01:24:01.561
You know, people are amazed about the young man, Mangione.

01:24:01.896 --> 01:24:07.376
Oh, yeah. You know, and he just pled guilty this week, you know,

01:24:07.962 --> 01:24:13.873
but there were literally people out there with signs that basically said,

01:24:13.873 --> 01:24:15.483
we understood what you did.

01:24:15.483 --> 01:24:20.495
There's some that even said, if I thought I could get away with it, I'd do the same thing.

01:24:22.083 --> 01:24:26.823
And just the pain that he personally went through and the pain that a lot of

01:24:26.823 --> 01:24:29.150
these other folks are going through with the healthcare system,

01:24:29.736 --> 01:24:35.502
that's the kind of stuff, you know, like you said, you're not trying to excuse bad behavior,

01:24:36.231 --> 01:24:38.802
but there's a reason why people do what they do.

01:24:40.003 --> 01:24:43.633
And your book challenges us to dig and find out what that is.

01:24:43.633 --> 01:24:47.919
So again, thank you for doing this, writing the book, and thank you for coming on the show.

01:24:48.491 --> 01:24:52.313
Happy to be here, and I appreciate the time. I was, can I just make one more

01:24:52.313 --> 01:24:54.802
remark just in response to what you're saying? Sure.

01:24:57.591 --> 01:25:01.611
I love what you just said, and I would just say that what I have come to learn

01:25:01.611 --> 01:25:08.481
over many years doing this work is that the most precious gift that one person

01:25:08.481 --> 01:25:12.252
can give to another is their story, right?

01:25:13.371 --> 01:25:19.751
Because their story, their history is who they are. It is how they came to be.

01:25:20.111 --> 01:25:24.613
It is the answer to the question, why do you think what you think? Why do you do what you do?

01:25:26.493 --> 01:25:32.461
The answer is, well, let me tell you my story. And it is so deeply personal.

01:25:33.241 --> 01:25:40.968
And when someone entrusts you with their story, they are giving you a gift of

01:25:40.968 --> 01:25:43.177
inestimable value, right?

01:25:43.939 --> 01:25:47.618
Because they don't know what you're going to do with it. You may not listen

01:25:47.618 --> 01:25:51.183
to it. You may not respect it. You may not treat it with dignity.

01:25:51.590 --> 01:25:55.810
You may not treat it with grace. You may not treat it with understanding. You may mock it.

01:25:56.181 --> 01:26:00.355
It is a gesture of extraordinary trust.

01:26:00.917 --> 01:26:06.058
And I love, I love spending time with my clients, spending time with the folks

01:26:06.058 --> 01:26:11.428
I wrote about in this book, spending time with everybody, and just listening to their story.

01:26:11.428 --> 01:26:17.072
And if they are willing to share with me, I consider myself extraordinarily fortunate.

01:26:17.548 --> 01:26:22.758
And the least I can do is be respectful of it, And that is to understand it

01:26:22.758 --> 01:26:27.654
in all its complexity and not to just treat folks as one-dimensional.

01:26:30.088 --> 01:26:35.608
The kind of Hollywood versions you see or irresponsible journalistic versions

01:26:35.608 --> 01:26:39.308
which create these sort of hall of mirrors, phony person.

01:26:39.708 --> 01:26:41.812
I don't know. I mean, that's not who people are.

01:26:42.322 --> 01:26:47.538
If someone entrusts you with their story, they have given you a great gift and

01:26:47.538 --> 01:26:49.855
you have an obligation to treat it with respect.

01:26:50.029 --> 01:26:54.127
And I love it when I hear, doesn't matter, left, right. I don't care.

01:26:54.505 --> 01:27:00.117
Young, old. I'd love to sit down with Mr. Mangione and just learn his story.

01:27:00.413 --> 01:27:02.888
Just learn his story. Yeah.

01:27:03.788 --> 01:27:07.808
Yeah. All right. Well, we're going to go ahead and end it on that.

01:27:07.808 --> 01:27:10.638
But thanks again for doing this.

01:27:11.288 --> 01:27:13.634
All right, guys. And we're going to catch y'all on the other side.

01:27:25.714 --> 01:27:31.404
All right, and we are back. And so I want to thank Michael Klarman and Joseph

01:27:31.404 --> 01:27:33.823
Margulies for coming on the show.

01:27:34.635 --> 01:27:38.281
Incredible interviews, powerful, powerful interviews.

01:27:39.165 --> 01:27:45.094
And I hope that you understand that there are people out here who are trying,

01:27:45.094 --> 01:27:50.193
trying, trying to make America better, whether it's through their writings.

01:27:51.191 --> 01:27:54.404
You know, go get America unfinished. If you haven't already,

01:27:54.404 --> 01:27:58.178
go get cast out. by Mr. Margulies. Yeah.

01:27:59.032 --> 01:28:05.388
Powerful, powerful stuff. And I enjoyed the conversations with both of them.

01:28:05.929 --> 01:28:11.322
And hopefully, you know, we can get them both of them back sometime,

01:28:11.909 --> 01:28:14.786
you know, in any future endeavors that they get into.

01:28:15.938 --> 01:28:21.854
I did want to get into my commentary. And what I'm going to do is I'm going

01:28:21.854 --> 01:28:26.803
to read a story, and we'll go from there.

01:28:27.556 --> 01:28:33.542
So the story starts. Jason Arday, the former Cambridge University scholar,

01:28:34.123 --> 01:28:38.334
whose remarkable rise to stardom was followed by a rapid fall from grace in

01:28:38.334 --> 01:28:41.292
recent weeks, has died, his family said.

01:28:42.393 --> 01:28:48.168
Jason was subjected to a campaign of sustained abuse in the years since he accepted

01:28:48.168 --> 01:28:50.712
a role at Cambridge, his family wrote in a statement.

01:28:51.450 --> 01:28:56.948
The campaign of misinformation was too much for Jason, who was a gentleman who

01:28:56.948 --> 01:28:59.535
always wanted to see the best in everyone.

01:29:00.270 --> 01:29:04.288
The Metropolitan Police of London said an ambulance was called on Friday afternoon

01:29:04.288 --> 01:29:09.778
to a South London residence connected to Mr. Arde after a report that a man

01:29:09.778 --> 01:29:11.593
there had been found unresponsive.

01:29:12.306 --> 01:29:16.118
The man was pronounced dead at the scene, the police said, without confirming

01:29:16.118 --> 01:29:19.040
his identity in keeping with British police practice.

01:29:19.639 --> 01:29:25.397
The death was being treated as unexpected, but was not believed to be suspicious, the police said.

01:29:25.998 --> 01:29:29.800
We are desperately saddened to hear this tragic news, Professor Deborah Prentice.

01:29:30.288 --> 01:29:35.068
Cambridge Vice Chancellor said in a statement, Our heartfelt sympathies go to

01:29:35.068 --> 01:29:39.052
Jason Arday's family and friends at this incredibly difficult time.

01:29:39.643 --> 01:29:44.172
Mr. Arde, who was 41, grew up in a working-class quarter of South London,

01:29:44.753 --> 01:29:48.799
the child of Guyanian immigrants.

01:29:49.531 --> 01:29:52.928
Earlier on, he was identified as having learning difficulties.

01:29:52.928 --> 01:29:56.021
He wrote in his memoir that he could not speak until age 11,

01:29:56.677 --> 01:30:05.134
could not read until age 18, charting a remarkable trajectory from nonverbal preteen to PhD.

01:30:05.764 --> 01:30:09.308
Mr. Arday, who had written and lectured on racism in higher education,

01:30:09.308 --> 01:30:14.898
became Cambridge's youngest Black professor in 2023 when the university hired

01:30:14.898 --> 01:30:20.676
him for a prestigious post and established chair of education at the school's Jesus College.

01:30:21.396 --> 01:30:26.308
Last month, a public firestorm over Mr. Arday's career erupted after a blog

01:30:26.308 --> 01:30:31.428
post accused him of plagiarism in his dissertation and embellishing his personal story.

01:30:32.038 --> 01:30:36.638
Was written by a scholar known for work suggesting that black people were genetically

01:30:36.638 --> 01:30:39.300
predisposed to be less intelligent than white people.

01:30:40.077 --> 01:30:45.246
Scrutiny intensified ahead of the publication of Mr. R. Day's memoir by Simon

01:30:45.246 --> 01:30:49.060
& Schuster as journalists found more inconsistencies in the story.

01:30:49.646 --> 01:30:51.627
He resigned from Cambridge last week.

01:30:52.254 --> 01:30:56.335
Allegations about Mr. R. Day's work circulated within Cambridge for years,

01:30:56.844 --> 01:31:01.069
but the institution disregarded repeated warnings about possible duplication

01:31:01.487 --> 01:31:06.236
in Mr. R. Day's work, according to the academic integrity site Retraction Watch.

01:31:07.080 --> 01:31:11.776
The elite university initially defended Mr. Arday, but in a letter sent to faculty,

01:31:12.619 --> 01:31:17.616
it promised an independent investigation of his hiring and called the case an

01:31:17.616 --> 01:31:18.940
aberration and troubling.

01:31:19.928 --> 01:31:24.106
Some faculty had supported Mr. Arday. Others signed an open letter questioning

01:31:24.106 --> 01:31:28.206
the university's handling of the allegations and criticizing it for crafting

01:31:28.206 --> 01:31:33.606
a media narrative focusing on his youth, his race, and his transformative potential.

01:31:34.266 --> 01:31:38.656
Nick Clark, who has known Mr. Arde since childhood, described him in an interview

01:31:38.656 --> 01:31:43.376
last week as a caring person, would go out of his way to make others feel comfortable

01:31:43.376 --> 01:31:45.115
in everyday social settings.

01:31:45.788 --> 01:31:50.226
Mr. Arde was modest when discussing his career with his friends and Mr.

01:31:50.226 --> 01:31:53.933
Clark, but those who knew him personally, took pride in his accomplishments.

01:31:54.687 --> 01:31:59.330
He has always been that kind, caring, friendly character, he added. That's Jason.

01:32:00.003 --> 01:32:03.406
We are in shock to have lost his amazing father, partner, brother,

01:32:03.406 --> 01:32:06.968
uncle, and son, Mr. Arday's family said in his statement.

01:32:07.682 --> 01:32:13.346
The intense attention took a toll on Mr. Arday, he wrote in a blog post upon

01:32:13.346 --> 01:32:14.690
resigning from Cambridge.

01:32:15.429 --> 01:32:20.555
The years since my appointment have also been marked by an unrelenting level,

01:32:21.176 --> 01:32:23.591
of public scrutiny and personal attack, he wrote.

01:32:24.042 --> 01:32:29.146
Adding the relentless accusations, speculation, and public commentary had taken

01:32:29.146 --> 01:32:33.708
a profound toll on me and on those I love.

01:32:34.838 --> 01:32:38.066
So that came from the New York Times.

01:32:39.220 --> 01:32:42.226
And as stated, Jason Arday was...

01:32:44.475 --> 01:32:49.389
A rock star in the academic world. He was like 37, 38.

01:32:50.006 --> 01:32:56.214
He became a professor at Cambridge University in England.

01:32:58.525 --> 01:33:04.645
Which made him the youngest professor ever there and definitely was the youngest

01:33:04.645 --> 01:33:07.038
professor at that point.

01:33:07.827 --> 01:33:15.295
And, you know, it's, you know, it's not the first tragedy we've seen or we've

01:33:15.295 --> 01:33:19.175
heard of among black professors and administrators.

01:33:20.353 --> 01:33:27.757
You know, we had young ladies who were administrators who died of health reasons,

01:33:28.365 --> 01:33:31.499
you know, stress from being fired from the job.

01:33:32.431 --> 01:33:41.453
You know, we've had professors who have been accused of plagiarizing work and all that stuff.

01:33:42.293 --> 01:33:45.175
You know, but it kind of goes back to the interview I was having Mr.

01:33:45.175 --> 01:33:50.387
Margulies. It's like, you know, people make judgments and say things about folks,

01:33:51.078 --> 01:33:53.051
and they don't really know the whole story.

01:33:53.796 --> 01:33:59.175
And they don't quite understand the struggles and the journeys that people have.

01:33:59.175 --> 01:34:07.034
They just have this blatant mindset that somebody like him shouldn't be in their spot.

01:34:07.574 --> 01:34:12.386
He had to have cheated to get there. And so they were trying to dig up anything.

01:34:12.595 --> 01:34:16.281
Now, I don't know if he actually did plagiarize something or not.

01:34:17.024 --> 01:34:22.575
You know, they got the sister at Harvard for changing a word or a paragraph

01:34:22.575 --> 01:34:23.966
or something, I don't know.

01:34:24.598 --> 01:34:28.725
You know, it's just, but when they, when it's somebody black,

01:34:28.992 --> 01:34:31.359
they coming, just understand.

01:34:31.922 --> 01:34:39.955
And those of us that are in my generation that, you know, have lived their lives,

01:34:39.955 --> 01:34:42.614
worked their careers, all that stuff, raised their kids.

01:34:44.079 --> 01:34:49.482
You know, we've been through that. Our parents went through that, right?

01:34:50.116 --> 01:34:54.768
Some of our grandparents didn't even come close to the opportunities we had, right?

01:34:55.500 --> 01:35:02.202
And so, you know, what we're trying to do is warn our children and our grandchildren,

01:35:02.882 --> 01:35:06.579
about what to experience and how to navigate.

01:35:06.579 --> 01:35:09.679
Now, hopefully, with people like Mr.

01:35:09.679 --> 01:35:15.729
Klarman and Mr. Margulies and others who are reminding us of our past and reminding

01:35:15.729 --> 01:35:21.031
us of our better humanity and the trends of leadership that's happening,

01:35:21.846 --> 01:35:28.906
that our children's journey further into adulthood, our grandchildren's journey,

01:35:29.712 --> 01:35:33.859
and generations to come after that, We'll not have to experience or go through

01:35:33.859 --> 01:35:37.159
what we've been through, what our parents been through, what our grandparents

01:35:37.159 --> 01:35:39.157
and so on have been through, right?

01:35:41.578 --> 01:35:49.934
It's time to stop, especially when the counter is what we're seeing in Washington, D.C., right?

01:35:50.825 --> 01:35:57.085
So we literally had a young man who's in the middle of a war zone jump off an

01:35:57.243 --> 01:36:05.424
aircraft carrier because he's been deployed on that one aircraft carrier for 280-plus days.

01:36:06.470 --> 01:36:13.979
That is unheard of. That is, so they unwittingly now are like a Guinness Book

01:36:13.979 --> 01:36:15.901
World Record thing for endurance.

01:36:16.861 --> 01:36:23.038
These sailors have been out for 280 days, right?

01:36:23.848 --> 01:36:29.251
And so a young man tried to commit suicide, and his wife basically reached out

01:36:29.691 --> 01:36:34.615
to the press, I think it was a young lady on MS Now, and told the story.

01:36:35.308 --> 01:36:40.295
And of course, oh, no, it's fake news, whatever it is, until it was like,

01:36:40.608 --> 01:36:44.199
no, that happened. These folks are out here on this boat. This boat really is

01:36:44.199 --> 01:36:46.751
out here, and this boat really has been out for 280 days.

01:36:47.266 --> 01:36:52.085
Just to put it in perspective, in a normal deployment like that,

01:36:52.805 --> 01:36:56.622
they would have made port call at least six times.

01:36:57.721 --> 01:37:05.008
That boat would have docked somewhere safe six times if this was a normal deployment.

01:37:06.220 --> 01:37:12.849
Because you got to get supplies. You got to clean the boat, the aircraft carrier.

01:37:12.849 --> 01:37:15.849
You know, you got to get fresh water in there and all that kind of,

01:37:15.849 --> 01:37:18.319
you got to do all the stuff to maintain

01:37:18.319 --> 01:37:22.450
that massive infrastructure that's floating out there in the ocean.

01:37:23.471 --> 01:37:26.408
These guys went 280 days straight.

01:37:27.513 --> 01:37:32.239
And so, Eric, what's the correlation with Mr. Arde? So the correlation is that

01:37:32.239 --> 01:37:37.680
Mr. Arde was pressured into taking his own life.

01:37:39.089 --> 01:37:45.044
Because people were trying to hold him to a standard. And nobody is holding

01:37:45.044 --> 01:37:50.064
the people who are making the decision to strand our sailors for 280 days on

01:37:50.064 --> 01:37:53.148
an aircraft carrier. Nobody is trying to hold them to any kind of standard.

01:37:54.242 --> 01:37:59.745
And in the United States of America, we elect people to hold those folks to a standard.

01:38:00.000 --> 01:38:07.392
That's called the United States Congress. That's their job, to hold the executive branch in check.

01:38:08.261 --> 01:38:10.569
To say, hey, what are we doing?

01:38:11.650 --> 01:38:14.454
You know, we let y'all play the war games and all that stuff,

01:38:14.454 --> 01:38:16.044
but you still got to come to us for the money.

01:38:16.729 --> 01:38:20.534
But now if you're going too far, if you're not, first of all,

01:38:20.534 --> 01:38:22.807
you didn't ask us for permission to do this.

01:38:23.454 --> 01:38:26.404
We're just going to keep reminding you of that. So now that you're doing this

01:38:26.404 --> 01:38:28.107
thing, you got to do it right.

01:38:29.350 --> 01:38:37.049
And again, Mike Johnson, the worst Speaker of the House ever in the history of the United States.

01:38:37.368 --> 01:38:44.007
Ever, only because he doesn't know what power he has, or he's abdicated it.

01:38:44.761 --> 01:38:49.714
So, he could be in good graces with this incompetent man who is leaving his

01:38:49.714 --> 01:38:52.873
sailors on a boat for 280 days.

01:38:55.569 --> 01:39:02.674
280 days. You're going to put pressure on this brother about his academic credentials

01:39:02.674 --> 01:39:05.393
to the point where he took his own life at 41.

01:39:06.418 --> 01:39:09.884
But you're not going to put pressure on this 80-year-old man who's got folks

01:39:09.884 --> 01:39:12.761
stranded for 280 days on a boat.

01:39:13.868 --> 01:39:17.285
You're not going to check him. You're not going to call him to the carpet.

01:39:17.928 --> 01:39:21.753
You're not going to drag the Secretary of Defense in there and explain to us,

01:39:22.619 --> 01:39:29.432
why this boat hasn't even made one port call in 280 days. Why is that?

01:39:30.406 --> 01:39:39.079
You know, and they seem like they get a rush or a thrill at gaslighting the American public.

01:39:39.631 --> 01:39:44.647
Oh, everything's fine. We've got control of the strait. So why are we still over there?

01:39:45.531 --> 01:39:50.678
If everything is back to normal, no nuclear weapons, the straight home movies

01:39:50.678 --> 01:39:52.620
is open, why are we still over there?

01:39:53.545 --> 01:39:57.921
Why are these folks on a boat for 280 days if everything was normal?

01:39:58.878 --> 01:40:05.578
And then that 80-year-old man got on a microphone and said he wished that they

01:40:05.578 --> 01:40:07.682
could be out there longer.

01:40:08.727 --> 01:40:14.788
We just sat here and had a conversation with two legal scholars using the word empathy.

01:40:15.428 --> 01:40:19.898
And the president of the United States, after these guys have been reported

01:40:19.898 --> 01:40:26.981
to be out for 280 days with a poor call, said, I wish they could have stayed out there longer.

01:40:28.042 --> 01:40:35.728
You wanted grown men and women to be on one of the largest structures ever built.

01:40:36.553 --> 01:40:39.298
The history of mankind, an aircraft carrier.

01:40:40.352 --> 01:40:46.208
This thing is big enough for jet planes to land and take off and have cannons

01:40:46.208 --> 01:40:51.465
and missiles and all this stuff and to hold 5,000 human beings.

01:40:52.569 --> 01:40:57.533
You wanted them to be out there longer than 280 days without a clean shower, without food.

01:40:58.602 --> 01:41:02.808
That's where your mind went. That's where your mouth opened up to say you wish

01:41:02.808 --> 01:41:06.788
they could have been out there longer and nobody is holding this man in check.

01:41:08.071 --> 01:41:12.701
Nobody is questioning him. You want to question a young man who overcame personal

01:41:12.701 --> 01:41:20.595
adversity to be a scholar, question his credentials to the point now where he's no longer with us.

01:41:21.344 --> 01:41:27.091
But this man who allows men and women who took an oath to defend this nation

01:41:27.091 --> 01:41:31.180
and the constitution, foreign and domestic enemies.

01:41:32.229 --> 01:41:36.308
No, he gets no check at all. He can just do what he want to do.

01:41:37.599 --> 01:41:44.679
Yeah, we got news for that, brother. So I send my condolences to the R.A.

01:41:44.679 --> 01:41:50.079
Family. And I pray that those of you all who are in the academic arena,

01:41:50.079 --> 01:41:52.231
those of you who are in the corporate arena,

01:41:53.075 --> 01:41:59.850
don't ever let these folks get you to the point where you take yourself away from us.

01:42:00.904 --> 01:42:05.866
Don't do that. Get some support. Hell, call a press conference.

01:42:06.719 --> 01:42:10.869
Do whatever act of defiance you got to do. Don't ever surrender to them,

01:42:10.869 --> 01:42:12.246
especially with your life.

01:42:13.291 --> 01:42:20.769
We know people go through this. If you know somebody or you are thinking that

01:42:20.769 --> 01:42:25.179
you have these ideations, 988.

01:42:26.064 --> 01:42:32.190
Dial that number, 988. Do not let these folks take you away from us.

01:42:33.079 --> 01:42:39.793
If you have any concerns, dial 988. get some help, talk to somebody, right?

01:42:40.927 --> 01:42:47.841
But now for this guy who has been given the title of commander-in-chief by virtue of his office,

01:42:48.913 --> 01:42:53.743
if he has that kind of disregard for the people who serve under him,

01:42:54.348 --> 01:43:00.299
if he has that disregard for the citizens that he is supposed to represent around the world.

01:43:01.281 --> 01:43:06.699
If he has that kind of disregard and the people of his same political party

01:43:06.699 --> 01:43:11.849
will not stand up to him and check him on that, then they all need to go.

01:43:12.789 --> 01:43:15.453
And we can't do anything about him till 2028.

01:43:16.404 --> 01:43:20.241
But the folks in Congress that are not, get rid of all of them.

01:43:21.023 --> 01:43:25.849
All of the Republicans got to go. If none of them are going to stand up to him

01:43:25.849 --> 01:43:28.507
and condemn him for what he said and just did.

01:43:29.373 --> 01:43:35.185
280 plus days on an aircraft carrier with no port call. These folks don't have food.

01:43:36.510 --> 01:43:41.824
280 days. And he says, I wish they could have stayed out there longer.

01:43:42.489 --> 01:43:46.025
And no Republican is going to say anything about that. Then you need to go.

01:43:46.790 --> 01:43:51.410
Especially those of you who literally served. I know there's some people that

01:43:51.410 --> 01:43:54.556
went to West Point that's in the Congress right now.

01:43:55.260 --> 01:43:57.089
Black folk. You ain't say nothing.

01:43:57.894 --> 01:44:02.427
I understand y'all ran for other things, but you're still in Congress right now. Nothing.

01:44:03.158 --> 01:44:07.577
Got a black man running for governor in Florida. Nothing.

01:44:08.635 --> 01:44:11.642
You got a black man sitting in the U.S. Senate in South Carolina.

01:44:12.970 --> 01:44:16.940
He busy talking about who might be his colleague from Michigan or who might

01:44:16.940 --> 01:44:20.280
be his colleague from Minnesota, but he ain't got nothing to say to the president.

01:44:21.168 --> 01:44:25.300
Please don't let it be anybody from South Carolina on their boat. Y'all got to go.

01:44:26.103 --> 01:44:31.329
So if you don't have the moral turpitude and courage to do your job,

01:44:32.077 --> 01:44:37.296
your job is to check the president, even if he is in the same party. That's your job.

01:44:38.343 --> 01:44:42.640
People criticize the Democrats for doing it too much. Are you going to hurt

01:44:42.640 --> 01:44:44.406
the president chance to get reelected?

01:44:44.534 --> 01:44:47.198
If he's doing something foul, I got to check him.

01:44:48.537 --> 01:44:53.826
Might cost me my job. If the president's popular, if I'm a member of Congress,

01:44:54.284 --> 01:44:57.780
calling the president, hey, you can't do that, I might not get reelected.

01:44:58.642 --> 01:45:00.587
But the election is not the end game.

01:45:01.611 --> 01:45:08.225
Doing the job is the end game. If you do your job, the politics will fall in line. Period.

01:45:09.381 --> 01:45:13.037
If the people want to go in another direction, regardless, so be it.

01:45:13.839 --> 01:45:17.740
You offered yourself, They chose to vote for somebody else. Keep it moving.

01:45:18.146 --> 01:45:21.109
It's not the end of your life. It's really not.

01:45:22.819 --> 01:45:28.642
I can bear witness to that. I can bear witness to depression and pain.

01:45:28.851 --> 01:45:30.134
I can bear witness to all that.

01:45:31.164 --> 01:45:35.117
But when I was elected, it didn't matter who the governor was,

01:45:35.117 --> 01:45:40.245
how close I was to that individual, how much I respected and liked them.

01:45:41.056 --> 01:45:43.193
If you were doing something that was going to hurt my folks,

01:45:43.402 --> 01:45:44.481
you were going to hear from me.

01:45:45.162 --> 01:45:47.327
If you were doing something that was going to hurt black folks,

01:45:47.327 --> 01:45:49.510
you were going to hear from me and a few others.

01:45:50.387 --> 01:45:54.227
That's how that works. It doesn't matter about Democrat or Republican.

01:45:54.227 --> 01:45:58.568
It matters that all of us, once we take the oath, we have responsibilities.

01:45:59.510 --> 01:46:04.467
And if you can't check the president because he's a member of the same party

01:46:04.467 --> 01:46:07.127
you are, then you don't need to be in the job.

01:46:07.127 --> 01:46:12.737
You need to put on an outfit with an elephant on it and some pom-poms and just

01:46:13.177 --> 01:46:15.607
stand in front of the White House and shake your pom-poms.

01:46:16.605 --> 01:46:19.275
We don't need cheerleaders. We need leaders.

01:46:20.353 --> 01:46:25.717
And if you are not fit to do that job, if you are not courageous enough to stand

01:46:25.717 --> 01:46:28.896
up to the President of the United States and say, Sir, you're wrong.

01:46:29.519 --> 01:46:34.169
Sir, you can't do that. Sir, that's illegal. Then you've got to go.

01:46:35.106 --> 01:46:39.140
If that means 435 Democrats for the next two years, so be it.

01:46:39.881 --> 01:46:44.117
You've earned that right for not being man and woman enough to stand up to the

01:46:44.117 --> 01:46:45.953
president when he needs to be checked.

01:46:47.367 --> 01:46:54.240
Needed to be checked at 12.05 on January the 20th, 2025.

01:46:54.756 --> 01:46:56.080
He needed to be checked dead.

01:46:56.986 --> 01:47:01.767
And you won't do it. But you want to say the Democrats are this and the Democrats

01:47:01.767 --> 01:47:07.131
are that and the evil people and how they want to transform our children and,

01:47:08.227 --> 01:47:10.423
they want to make us all communists and all that stuff.

01:47:11.414 --> 01:47:15.876
But you ain't done nothing that you said you were going to do. Gas is going up.

01:47:16.610 --> 01:47:19.467
Price of eggs going up. We're at war.

01:47:20.491 --> 01:47:23.907
Y'all told the folks, we aren't doing none of that. Everything's going to be

01:47:23.907 --> 01:47:27.625
better with us. Two years in, not so much.

01:47:28.477 --> 01:47:33.637
And then you don't even have the gumption to tell the president no when he needs

01:47:33.637 --> 01:47:35.910
to be told no on a constant basis.

01:47:36.932 --> 01:47:42.397
I was talking to Professor Klarman. Why do you think he's doing all the crazy

01:47:42.397 --> 01:47:47.320
stuff now and he's not doing it, he didn't do it the first term, or as much as the crazy.

01:47:48.527 --> 01:47:52.068
It's because nobody is telling him no. Nobody.

01:47:53.107 --> 01:47:56.137
And then the people that tell him no, on the Democratic side,

01:47:56.137 --> 01:47:57.259
he's trying to put in jail.

01:47:58.289 --> 01:48:03.890
That's not how America works. We can have a debate about how it's working,

01:48:04.588 --> 01:48:07.839
but that's not how the American system of government works.

01:48:08.652 --> 01:48:15.118
It is written that the executive, legislative, and judicial branches are co-equal.

01:48:16.191 --> 01:48:20.857
All of them have the ability to check the other one. But if the Supreme Court

01:48:20.857 --> 01:48:23.110
says you've got immunity, if the Congress says.

01:48:25.185 --> 01:48:33.977
Say anything at all. All of you have abdicated your constitutional obligations, all of you.

01:48:34.999 --> 01:48:40.287
We got people committing suicide because they felt their integrity was questioned.

01:48:41.499 --> 01:48:47.545
And nobody acts like they got any integrity at all in the United States government.

01:48:48.556 --> 01:48:51.830
And it's all your fault. If you're a Republican, you're in charge.

01:48:52.003 --> 01:48:55.711
You control the House, the Senate, the White House, and the Supreme Court.

01:48:56.359 --> 01:49:01.267
So all this is on you. Every last thing, whatever good thing happens,

01:49:02.348 --> 01:49:04.165
but definitely every bad thing that happens.

01:49:05.233 --> 01:49:08.541
And you have no empathy, you have no integrity, you have no accountability.

01:49:10.025 --> 01:49:15.983
If this was a world where we're looking at resumes and looking at actions,

01:49:16.645 --> 01:49:22.385
there'd be 435 Democrats in the House and 36 new Democrats in the Senate.

01:49:23.153 --> 01:49:27.335
That's the only way that's really going to happen. Because if you bring anybody

01:49:27.335 --> 01:49:30.427
else in, out of this group, like Ken Paxson, really?

01:49:31.297 --> 01:49:33.190
People saying he's still got a chance?

01:49:35.670 --> 01:49:43.265
This boy out here in Ohio, he's married to a, he's married to the U.S.

01:49:43.265 --> 01:49:45.806
Senator's daughter and he's throwing hot water on her.

01:49:46.602 --> 01:49:51.227
The kid is, the child is terrified of him. But he got a chance to win.

01:49:52.930 --> 01:50:00.065
Telling you, we've got to do better, us as a society. We got to do better.

01:50:00.907 --> 01:50:06.580
We cannot allow these people to continue to claim to be our leaders because

01:50:06.580 --> 01:50:08.256
they haven't shown the ability to do so.

01:50:09.399 --> 01:50:13.370
November 3rd, you can fix some of that. You can fix it in the House,

01:50:13.370 --> 01:50:14.578
you can fix it in the Senate.

01:50:15.416 --> 01:50:19.323
And that'll be a step in the right direction because then you will have a Congress,

01:50:19.863 --> 01:50:23.659
that will act like Congress and check the president when he goes too far.

01:50:24.697 --> 01:50:31.358
That's it. He gonna say some nasty things. He gonna get on his true social and do all that. So what?

01:50:32.560 --> 01:50:36.027
We literally had to explain to governors, we're not your friends.

01:50:36.965 --> 01:50:41.330
Once we all get sworn in, we're not loyal to you.

01:50:42.522 --> 01:50:45.338
All right, I'm gonna make these guys. No, no, you ain't gonna make us do nothing.

01:50:46.597 --> 01:50:52.070
We can negotiate. We can compromise, reason out something, but you ain't going

01:50:52.070 --> 01:50:55.689
to make us do nothing because that's not in the job description.

01:50:56.747 --> 01:51:01.226
But you can't tell by these folks who's in Congress now, not the Republicans.

01:51:02.097 --> 01:51:07.370
They ain't get that memo. All they wanted was something to put on Instagram,

01:51:07.370 --> 01:51:11.304
I guess, in their life. I served in Congress.

01:51:12.368 --> 01:51:18.111
Again, condolences to the R.A. family. May y'all have peace and comfort in this hour.

01:51:19.130 --> 01:51:25.428
And to my fellow citizens, vote these people out November 3rd. Get them out.

01:51:26.184 --> 01:51:29.947
Send them a message that you want your country back. Get them out.

01:51:30.947 --> 01:51:33.043
Let's start doing the right thing.

01:51:34.085 --> 01:51:38.135
Not the popular thing, not the convenient thing. The right thing.

01:51:38.759 --> 01:51:41.656
Let's truly rebuild this nation in the way that we want it.

01:51:42.703 --> 01:51:48.424
And that starts November 3rd, 2026. That's all I got.

01:51:48.801 --> 01:51:50.728
Thank y'all for listening. Till next time.