As Trump Drones On, Democrats Resistance Takes Different Forms

Transcript

This transcript was generated automatically and may contain errors — the audio is the record.

0:00:00 Clip: You must never, ever give up or give in. You must keep the faith and keep your eyes on the prize. That is your calling. That is your mission. That is moral obligation. That is mandate. Get out there and do it. Get in the way. Change happens because people care. The people have the power to make this life free and beautiful. To make this life a wonderful adventure.

0:00:38 Clip: I still believe with all my heart, America can be a place where no child is left hungry, no community is left behind, and no one gets told they don't belong. Country is always worth it.

0:00:58 Thomas: And welcome to Opening Arguments. This is episode 1133. Thomas Smith, and, screw it, that over there is Lydia Smith. How are you doing?

0:01:06 Lydia: Pretty good. Do you ever say like 1133? Or do you like flip back and forth?

0:01:10 Thomas: I do. Only when it's 1133 though.

0:01:14 Lydia: Yeah, you know what I mean. Okay.

0:01:20 Thomas: It's Wednesday. That means it's for whatever we do on Wednesdays plus Thomas takes the bar exam. And this episode I decided to ask Lydia the question, what in the world is going on with the Trump speech thing? What is that? For those of us who are just of paying attention to all of that propaganda, what's going on? And I wanted to know how are Democrats handling it?

0:01:43 Lydia: Yep.

0:01:44 Thomas: I've seen some rumblings about perhaps Democrats skipping it, which I think seems great to me. But I don't know how many Democrats were in on that plan. Sort of like that time we talked about one the first hearings and talked about the Democrats' response. Sort of taken as a given that this speech is a load of bullcrap that we're not going to waste our time with. And it is more about a focus on how Democrats are responding to it because we are very interested in that. So that's what I've enlisted star researcher Lydia on. And then, of course, we'll bring on Heather for Thomas takes the bar exam. That We'll do practice bar exam question. You'll get the answer to last week's question and we'll announce winners and all that. And please check out Gavel Gavel if you haven't already. Lots of people have. It's on the public feed now. We've got five episodes on the public feed right now. Um, we just released to the public is, uh, and Linder coming on to comment on the lively complaint. Cause that's what we've gotten through so far. Uh. It was a lot of fun and there's more to come there.

0:02:24 Lydia: Definitely. Love more to come lots more lawyers too

0:02:41 Thomas: That's true. We, if you're a patron on Gavel Gavel, you can know the worst thing that we put in the so far because it's coming up. It's something that we're doing later that we had to just get out because it'S the worst. And it's about Baldoni's Lawyer, right. And if you'd like to avoid ads, go to patreon.com/law. Of course, you don't have to hear these ads. You get all the goodies and of knowing you're making helping the show continue. Get the shout out, and as we have fun shouting out your patron name. That's always a good time.

0:02:49 Lydia: People need to know yeah

0:03:12 Thomas: Right. Well, let's take our break and then we'll find dig into this thing. Show is brought to you by HelloFresh. What HelloFresh, you get farm fresh, pre-portioned ingredients and delivered right to your doorstep. Skip those trips to the grocery store and count on HelloFresh to make home cooking easy, fun, and affordable. And you haven't tried HelloFresh, really I think you should. It solves so many problems for Lydia and I. We don't have enough time, even if we do have enough Time trying to plan dinners ahead and then get the right ingredients in the right amounts. So it doesn't go bad. I mean, it's just so much work that honestly, Hey, if you're a fan of doing that more power to you, but we just do not have that bandwidth in our lives with all that. Try HelloFresh. I've got several ways to enjoy their delicious food now that they didn't used to have. It's in addition to the classic, hassle-free meals to choose from, you can also get the ready - made meals. Those go from the fridge to your fork in just three minutes. And it's the same high quality ingredients and restaurant worthy flavor, but just with none of the work. So it's even better. They have these prep and bake meals. Now a little bit of prep, just like five minutes, but then you just pop it in the oven. So still is something that you made that comes outta the oven, it's hot, it's steamy, it's delicious. That's all you could want for dinner. Saves us so much time and hassle. It really does. Think you should give it a try. Up to 10 free meals and protein item for life at hellofresh.com/hellofreshpodcast. One per box with active subscription. Free meals applied as a discount on first box. Subscribers only, varies by plan. That's hellofresh.com/hellofreshpodcast. I think you're going to find out why it's America's number one meal kit.

0:04:52 Thomas: Okay. So Trump's given a speech. Is it a special thing? Is this a scheduled thing, what, you just decide to do it, what's happening?

0:04:59 Lydia: A traditional thing ever since Ronald Reagan, that period of the year when you would normally be given the State of the Union speech, but it's your first year in office. You can't really opine on the State of the Union when you've been in office for a month. Yeah.

0:05:12 Thomas: Just got here it's yeah well

0:05:14 Lydia: I mean, you could, I guess, but it's not very productive. This was a planned thing like

0:05:20 Thomas: Laying out his agenda right isn't that what you do you kind of lay out your plans

0:05:23 Lydia: Like what he what he hopes to accomplish the last, Hakeem Jeffries issued a dear colleague letter in of the speech because there were rumblings happening the Democratic about some folks saying that they weren't going to attend, some folks saying they were going to attend. And so from a party leadership perspective, he issued this press release. And it says, I'm just going to read a few words from it. Colleague, I write with respect to President Donald Trump's scheduled address on Tuesday to a joint session of Congress. Given my responsibilities in the House, I plan to attend the speech along with other members of the Democratic leadership to make clear to the nation that there is a strong opposition party ready, willing, and able to serve as a check and balance on the excesses of the administration.

0:06:02 Thomas: Sitting there and being anything. You're right. That is a demonstration of the resistance party. Yeah.

0:06:11 Lydia: And we understand that members will come to different conclusions. However, it is important to have a strong, determined, and dignified democratic presence in the chamber. The House as an institution belongs to the American people, and as their representatives, we will not be run off the block or bullied. So then he goes on to say, you know, we have these other events that be demonstrations and to express dissatisfaction with the administration, et cetera, et cetera. Been finding Hakeem Jeffries position throughout this administration is like like it just feels like flat.

0:06:41 Thomas: I mean, you're not giving him enough credit for coining the nickname Captain Chaos, which single-handedly ended Trump's presidency and we're not even here right now. So, I means, you got to give him that. Yeah. Did we find this guy? I heard of him and it was vaguely familiar and I thought thought it was like, okay. And then now I wonder, is he just a fall guy? Is it just like, all right, throw this dork in here while there's nothing we can do. I'm with you. Everything I've heard from him sucks, but I also have to recognize that we live in an information environment where propaganda, negative partisanship and, and stories of the democratic party rule the day, even, among Democrats, even along the line, it's everywhere. That's why we are where we are. So I don't imagine that he said better things that we're not hearing about. We only kind of hear when people complain about Democrats pretty I don' t know. It hasn' t looked great. I' m not sure.

0:06:50 Lydia: You know, lot of Democrats ended up going. So I want to highlight some of the folks that did go and some of their reasons for going, I think, will be kind of clear here. So Senator Tim Kaine, he and invited Jason King. So this is another part of it where you only enter like the chamber, basically, if you've been invited to be there. And that's including President Trump.

0:07:49 Thomas: If you speak Parseltongue, that's the only other. Stephen Miller walks up. The thing's like, whoa, God, this is awesome. Whole chamber just opens up. He didn't even say anything.

0:07:57 Lydia: He doesn't have to open his mouth. Yeah. Yeah, yeah.

0:08:00 Thomas: Another extra chamber opens that they've never even seen before. This is amazing.

0:08:03 Lydia: My gosh. I know. I know. Folks from both sides of the aisle were bringing in guests and it basically represents the things that they're trying to raise awareness of or the causes that are like dear to them. So Tim Kaine brought Jason King, a disabled veteran who was fired from his position in the Federal Aviation Administration Safety Division, of an important area with all the things that have been going on with these airplanes lately.

0:08:27 Thomas: They should have all just brought someone who's, but that's 100%. They should have every single one of them should have plus one, a veteran or whoever who's been fired for no reason. And that that's that's a good idea. Yeah.

0:08:38 Lydia: What a lot of people did. Warren did the same exact thing. She brought a man named Doug Kowalowski, who was fired from the National Science Foundation after he had been working Ilhan Omar brought Chris Wicker, an Air Force veteran who was fired from the Minnesota District Office of the Small Business Administration, then told his termination was a mistake, then fired again days later. Things are going well over there, folks.

0:09:03 Thomas: I laugh. But it's like you do forget, you you're just following this as as we are as like, oh, this is a horrible thing Trump's doing politically. It's so easy to forget like are real people's lives. And there's been a lot of good coverage done of almost had a kind attack the other day when I was hearing the story of one person who was like And they're like, yeah, I needed this job, desperately need this job. I just moved out to take it. You know, like all this stuff where you're like these are real people's lives that you're just totally ruining for no reason, for absolutely no reason.

0:09:31 Lydia: Like financially ruining them potentially like like it's it's

0:09:34 Thomas: Imagine getting fired for the dumbest effing thing that's ever been. In. There's no dumber way, like at steal some money or something, you know, like get fired for a good reason, you forget to wear pants to work, you do something fun, but no, this is the dumbest, people's lives are being ruined for the dumbest thing ever.

0:09:44 Lydia: Like embezzlement. Yeah. Yeah, and is like such a minor point because grand scheme of things, none of these firings should have happened at all. But like this reliance that that of the media are like, well, they're probationary employees, you know, probation is one thing. The way that probation works in public service is not just like you are brand new to the government. It could be that you got a promotion and you've been working there for 20 years, but now you've just stepped into a new position. So you're on probation for that position. You're not on probation for working for the government anyway. That was just one thing that like really drove me crazy with the talk about probationary employees. They also focused a lot on bringing guests in that really rely on Medicaid. So Senator Jackie Rosen of Nevada brought a teenager named Dominic Rampa, who relies on Medicaid to cover treatments that he needs for nine genetic disorders. And without Medicaid, it costs $200 ,000 or more a year. This is a teenager.

0:10:50 Thomas: Yeah but why did he choose those genetics though?

0:10:52 Lydia: Yeah. Then Chuck Schumer brought two Medicaid recipients who are both cancer survivors, one of whom also has multiple and needs Medicaid in order to treatments that allow her to live independently. And then Ana Medina Garcia, who works as a home health care worker for seniors, but Medicaid is very important for her, especially as she fought cancer. A number of folks still did not go um notably aoc she made that very clear she would not be going instead she posted um know on blue sky and stuff during the speech and then she went on instagram live after um of talk kind to to her viewers um she does that a lot lot. And it's always really engaging, really interesting. Murray decided that she would meet with constituents who are negatively impacted instead. I will not be attending President Trump's address to Congress. The state of the union is that the president is spitting in the face of the law and he's letting an unelected billionaire fire cancer researchers and wreck federal agencies like the Social Security Administration at will.

0:11:50 Thomas: State of the union is it's it that's

0:11:51 Lydia: Yeah, yeah, Chris Murphy, Ed Markey, Brian Schatz, Angela Alsobrooks, Representative Rebecca Ballant of Vermont, they joined MoveOn instead of attending, And they provided analysis during the speech. So they weren't in the room, but they were listening, observing and then, you in a platform that they felt more comfortable with. With. Don Beyer of Virginia said, quote, When he looks at Congress, Trump only sees supplicants or enemies who write the laws he refuses to follow. In his speech, he will preen and gloat about his return to power and his abuses of that power. I'm spending this week rallying with my constituents.

0:12:31 Thomas: Was there anyone who would take the Thomas Smith method and just be like, I'm just not going because it's fucking boring, like what is it, it's nothing, it's the same nothing every time, what are we gonna learn, some information there, American public watching this? No, it's nothing.

0:12:49 Lydia: Communications then Senator Martin Heinrich out of New Mexico said, quote, I'll start attending when he starts following the law. Some like really pointed comments there. Did they miss? What do you think they missed?

0:13:01 Thomas: Well, I saw it was the longest goddamn one ever. Trump loves to do this.

0:13:05 Lydia: It was. It was. According to the American Presidency Project, it tracks the lengths of each speech. And it's been doing that since 1964. speech surpassed Bill Clinton's State of the Union address in 2000. That one was an hour and 28 minutes, and this one was approximately 100 minutes. Was also fewer than 10 ,000 words, which is not a lot of words. Granted, there are a couple of reasons we'll be getting into them about why that count might be low for the length of time that it took. Actually, you know, we're just going to jump right into one of those. Let me send you this clip on over, Representative Al Green of Texas has

0:13:26 Thomas: Why don't

0:13:44 Clip: Members are directed to uphold and maintain decorum in the House and to cease any further disruptions. That's your warning.

0:13:57 Clip: Members are engaging in willful and continuing breach of decorum and the Chair is prepared to direct the Sergeant -at -Arms to restore order to the joint session.

0:14:10 Thomas: Where's Chris Cluey? Get Chris ClUEY in there, everybody. Just

0:14:12 Lydia: I know.

0:14:14 Clip: Mr. Green, take your seat. Take your seat, sir. Take your sit.

0:14:22 Clip: Finding that members continue to engage in willfull and concerted disruption of proper decorum, The chair now directs the sergeant -at -arms to restore order. Remove this gentleman from the chamber. Members are directed to uphold and maintain decorum in the House. Mr. President, you continue. Thank you.

0:14:54 Thomas: Are they singing did that might be the best of both worlds honestly I go in early kicked out make get know I've got a dinner reservation that I'm still gonna make maybe you and I you know maybe maybe somewhere somewhere nice that's

0:15:29 Lydia: Pretty early in the speech to that he he spoke out dinner

0:15:31 Thomas: Got dinner. He's got, he got to get out.

0:15:32 Lydia: Plans. Yeah, his wife's waiting. Speaking out on behalf of Medicaid, saying that, you know, Trump does not have a mandate to cut Medicaid, to end Medicaid, to negatively impact Medicaid. And as you heard, Republicans were furious from one sentence coming from Al Green.

0:15:49 Thomas: I could, I feel like he could have picked a better, you have no mandate. It's fine. But he kept saying you have no mandate, which is yeah, it's all right. But I don't know. I feel like maybe it could have been something better.

0:15:59 Lydia: Wasn't the only one that reacted during the speech. Over the course of the speech, about a dozen Democrats walked out. Were wearing shirts that, you were calling out Trump, whiteboards, you Tlaib would like erase things on the whiteboard to respond to like whatever thing was saying and then hold up the board in response there were signs about protecting medicaid um musk sucked oh

0:16:20 Thomas: New plan. I just want to be the worst audience member ever. Like you get out, like take a call, phone call in the middle. Yeah bring a giant like of popcorn that you're opening forever no no it's good never mind individually wrapped sweets of some kind you know because so that you're constantly

0:16:25 Lydia: Snacks yeah unwrapping candy yeah yeah it has to be the noisy plastic yeah

0:16:38 Thomas: No cellophane yeah and then and then I'm thinking we start gaming the system make the disruption have that little little guy little boy trump's little boy in He's got two little boys. He's Got Two Little Boys in the Background.

0:16:49 Lydia: Yeah I know just look

0:16:50 Thomas: At Mike Johnson and J .D.

0:16:50 Lydia: At jd vance's face yeah

0:16:52 Thomas: Vance. His little, his happy little boys that he has. And have him be like, oh, I'm about to get the sun. And then be like oh no, I am good. I am done. And then sit down. And then just do that every five minutes.

0:17:03 Lydia: I was gonna say like like drop something like every now and then like something really loud and be like, oh, sorry, sorry. I'm so sorry. Yeah, exactly. It's rolling down.

0:17:07 Thomas: A billiard ball. It's like. I'm so sorry. I just, I don't know why I have that. That is the weirdest thing.

0:17:15 Lydia: Just fell out of my bag.

0:17:17 Thomas: Drop a second one. One. There's the other one. Oh, okay. I played billiards later. I brought all, what is it? 16 or something.

0:17:25 Lydia: I don't know. You tell me.

0:17:27 Thomas: Good.

0:17:28 Lydia: Frost was one of the representatives who walked out, took off his jacket and he had on the back of his shirt no Kings live here. So like as he's walking up, yeah, I thought it was good. I was like, Ooh, that's like a nice little burn that they have to look at as he is leaving. Was some, know, you heckling during it. People did speak out prior to the speech. The House Freedom Caucus, like specifically said that they would not they tolerate any veto heckling and is so rich coming from Republican members of Congress.

0:17:36 Thomas: Pretty Good. It occurs to me that we're now doing what they started doing, but for no reason, you know, like they did this during Obamacare because we were trying to give people some amount of healthcare. And then they reacted like we're reacting now, now, but because of horrible things. And it's like, it's so annoying that they've sort of taken the credibility out of that somewhat by already doing it for no reason. It's a genius move on their part, really. I mean, like they made it so that no one takes anything seriously anymore because they started doing it for really dumb reasons.

0:18:28 Lydia: Yeah. And and so all of this basically culminated in this moment in Trump's speech where be curious to hear what you think about this. But he called out the Democrats specifically

0:18:38 Clip: Is my fifth such speech to Congress. And once again, I look at the Democrats in front of me and I realize there is absolutely nothing I can say to make them happy or to make then stand or smile or applaud. Nothing I can do. I could find a cure to the most devastating disease, a disease that would wipe out entire nations or announce the answers to the greatest economy in history or the stoppage of crime to the lowest levels ever recorded, these

0:18:59 Thomas: Try have you tried it I he's reading that he's actually reading I thought I thought that he was vamping for a moment but no he's written in I I swear on my life he is reading this from a prompter yeah he's he's and you can tell because his eyes are fixed on whatever the prompTER and he's pointing a different way and not looking where he's pointing, you know, like with these people over, hold on. I can't, I've got to look at the prompt over roughly. Yeah. Like he's, he wrote that in.

0:19:24 Clip: People sitting right here will not clap, will not stand, and will not cheer for these astronomical achievements. They won't do it, no matter what. Five times I've been up here. It's very sad, and it just shouldn't be this way.

0:19:55 Lydia: You now he's riffing.

0:19:53 Thomas: Now this is, this is him. Yeah, now you can, yeah, we love complaining. Woo! Complaining, complaining, complaining. It's nothing. Thing.

0:20:04 Lydia: This was a very important part of his speech, apparently, because immediately after the White House website posted something their briefings and statements that's titled Democrats showed whose side they're on and it's not the American people. And specifically says you know, are the things that Donald Trump laid out. And tonight, Democrats refuse to applaud. It lists a whole bunch of bullets, some of these things. And order.

0:20:33 Lydia: Taking down illegal revenge porn. The United States of America.

0:20:38 Thomas: Normally, they clap every time someone says the United States of America. It takes a while to get through it.

0:20:42 Lydia: A young boy fighting Fighting brain cancer. Americans joining the military in record numbers. Securing our border. Punishing cop killers with the death penalty. Ending the sexual mutilation of America's youth. Return of American Mark Fogle. America's Youth are perfect as God made them.

0:21:01 Thomas: Bet they did clap. It would depend on how Trump would say it, but they probably would clap for returning Mark Fogel, right? Wasn't that something everyone wanted?

0:21:09 Lydia: I think so. But to I be perfectly honest, like like who knows if he just rattled off a bunch of stuff and then yeah, and they're not going to clap for those things. And I also feel like why would the Democrats engage at all when they're all regretting their choice to vote for Marco Rubio right now? Like, would hope that that is a little bit of a lesson that

0:21:14 Thomas: Honestly. Think it's a reason that now that I think about it, you shouldn't have gone or just never clap because this is so stupid. This is a dumb ritual that they do where the president speaks and the side one side claps and the other side sits with a sourpuss on the president will say some stuff to where you have to it's like a trick he's like well you with cancer though and then oh okay yeah okay fine and it's like for what though it's not there's no reason to it and so like by appreciate it if If they went and just didn't ever clap, that'd be fine by me.

0:21:40 Lydia: The other side. Yeah. Mm hmm. Hm.

0:21:59 Thomas: It is a dumb trap and there's just no reason to be here. But I don't know. I think the people who held up the signs, you know, I feel like all these approaches largely accomplish the same thing, which is probably got a few interviews or something. You know, it's not going to do a whole lot, but that's the what position we're in right now. So we don't I didn't vote.

0:22:15 Thomas: Nobody voted. We didn't enough. Not enough votes. Cool

0:22:15 Lydia: I mean, it's also hard when a lot of folks are saying, you courts can be the way that like we fight this, but they just ignore court orders. And so what that a way like every single thing is not going to solve this like by itself. And I even know if all of them together will solve it. It's better than just like sitting on your hands, I guess, which actually brings me to my last clip I'm going to to share. I mentioned some of the guests that the Democrats invited for this speech, I wanted to name a few that folks on the other side of the aisle invited. Johnson brought Ben Shapiro and Matt Walsh as cultural warriors.

0:22:52 Lydia: Yes, cultural warriors, Riley Riley Gaines was also invited. Was a big focus on protecting women in sports, right? Then Melania Trump invited quite a few people, including Peyton McNabb, who we talked a little bit about on Where There's Woke when we covered the transgender volleyball player at San Jose State. Peyton McNabb is a volleyball player elsewhere who had an injury from a player on the other team. Yeah.

0:22:52 Thomas: Nothing

0:23:19 Lydia: Well, according to her, she had an injury. She did get injured.

0:23:17 Thomas: No wrong and there's a trans person nearby she could blame yeah it's

0:23:25 Lydia: And also someone who folks who listen to where there's woke will recognize January little John moving mother of a 13 -year -old child who said their and wanted to explore that. And then January Littlejon decided that the school was transitioning her kid and then started suing them because of nothing, nothing.

0:23:47 Thomas: All made up just listen to where there's woke it's All Made Up yeah all

0:23:49 Lydia: Nothing. I bring this up because I care about what January Littlejohn says. Absorbed absorbed so much of her hate and her anti -trans rhetoric. That listen to where there's woke for that whole breakdown. But, I searched for Brandon Wolfe, who was the counterpoint to January Littlejon in the Jon Ronson podcast, Things Fell Apart, part that we were taking down. And he is with the Human Rights Campaign. The national press secretary and the senior director of political communications. And I wanted to see had to say instead, because I don't need to hear what January Littlejohn says. I wanted to lean on Brandon a little bit and see what he had to say with regard to the speech that occurred.

0:24:26 Thomas: Right let's go Brandon

0:24:28 Clip: Is speaking to a joint session of Congress, and if you're anything like me, you might be torn about what to do. Do you tune in so you know what's going on? Do you catch the viral clips, or do you protect your peace and go touch grass? Well, I have some good news. Our team is watching tonight, so you don't have to. If you're not interested in subjecting yourself to Donald Trump's parade of lies, I recommend doing two things. First, go outside. Spend some time with family. Bring yourself some joy, some defiant joy in this moment. And then get into the fight go to hrc .im equality hub to learn about how you can show up in the fight in your own community I like to say manage your poison intake but always take action now if you're like me and you can't help yourself we will be live fact checking you can go to hrcc .im speech to follow along we'll keep the conversation going on social if you want to join us but tonight do yourself a favor turn off trump and take action instead all

0:25:23 Thomas: Telling me to touch grass that's not it's itchy there's not It's not good. We shouldn't be doing that. It's, don't particularly like going outside.

0:25:24 Lydia: That's true. Bees like to kind of fly around sometimes with the grass and that freaks me out.

0:25:38 Lydia: I thought those were some nice points. And I think, you Know, like we try to spend some time with the the kids tonight rather than, you tuning in and watching it live. And I thank you for that. I think I think it was the choice. And instead, just kind of covering it from perspective and to take action.

0:25:53 Thomas: You know, if I think of Phoebe's behavior tonight as trying to interrupt a state of the union, then actually it does make more sense. Maybe that's what was happening tonight.

0:26:00 Lydia: What is a guest for a future State of the Union or

0:26:05 Thomas: If anyone wants a free state oftheunionruiner, invite our kids. They'll find a way. It's okay. We've had a rough night. Sorry, everyone. On just now we don't want to get into it's

0:26:06 Lydia: Remy? There you have it. Obsessing about what what the Democrats think about him. I I haven't called it out because no matter what even if they're in charge of every Every single little piece of the government. It's going to have to be the Democrats fault somehow, somewhere, way. And think what was interesting about this was that we're seeing we're in a variety of different ways. Right. Right. We have folks that showed up and stayed stony faced. We have folk that showed and heckled and got kicked out. We have folx that showed u and walked out in a silent protest. We have fok that chose not to go. We have fock that went and then spoke afterwards. We have fox that disengaged and instead took action. Think that all of those pieces are valuable and there's room for all of that. And I think overall, it was a positive approach that the Democrats took. And I appreciated the variety. I feel like that's, that know, I more encouraging to me in some ways.

0:27:08 Thomas: I think the thing we just need to not do is just treat it like normal like I is true that we have a certain circle you know we we largely like the interactions of other people like us online and stuff. And so it's hard to say what plays to most of the country, or at least most of relevant potential voters that the left needs. But every single person ever that I know of, of the left, just wants Democrats to not take treat this as normal anymore and to not normalize Trump in in any way and to actually act like it's the emergency that we've been telling people it is. Because if you tell people it's an emergency and then you act like it's not, then you just look like a liar. So that doesn't work. I, for one, believe it is an emergency and has been an emergency this entire time, because that's the thing about the federal government and just leading the country. Like it can be an emergency the whole time. Like it's amazing how many different emergencies there can be if someone wants to ruin the world and so act like it. And I think that we saw a lot more of that than in times past.

0:28:07 Thomas: So that's nice.

0:28:08 Lydia: Hmm, yep, yep. Agreed.

0:28:09 Thomas: Right. Well, thanks for that breakdown. And we're going to jump on with Heather and then maybe you'll come back for some shout outs. What do you think?

0:28:16 Lydia: Would love that.

0:28:20 Thomas: Show is brought to you by NPR's Up First. A day goes by that we don't hear from somebody who's a little bit burnt out, at least from everything going on. And you you know, we get it. Don't blame you. Coverage the way we do, so it doesn't to add that burnout. Maybe if you're feeling burnt out by the news, maybe it's the way you're getting the news. Maybe all -day scroll obsession, which, hey, that's tiring tiring you out. NPR's Up First. The all -day scroll obsession by telling telling you everything you need to know in an easy 15 minutes. No BS, just the facts. First is the cure you need for your news fatigue. How the show works. They provide the top three news stories to start your day. With digestible 10 to 15 minute episodes, it's all the news you need so you can get back to your life feeling informed while preserving your sanity. Recently, they covered the Zelensky-Vance-Trump blow up, and that was a great episode. And they what did is they actually talked to Ukrainians about it, which was really refreshing. That's the way they do coverage over there. You that insight, but in that short format, which is perfect for a commute or getting ready, making breakfast. It's also thorough. Both national and international coverage. Both fact-based, but personable. Up First, you can start your day a little more in the know than when you went to sleep. So listen to the Up First podcast from NPR. Check it out.

0:29:38 Clip: Sometimes you eat the bar, and sometimes the bar will eat you.

0:29:44 Thomas: Right, Heather, how are you doing this week?

0:29:46 Heather: Doing pretty great. And I'm really excited to see how this all turns out for Wendy in her growing in her farm and her whole future.

0:29:55 Thomas: She's a grower. Let's see how that's all going for her.

0:30:02 Heather: She is. So our friend Wendy was planting some corn on her farm. And then later in the year, she decided to sell to Jerry. And then after she sold to Jerry, she wanted to go back onto the farm to pick the corn, to pick and harvest the corn. So we're trying to figure out whether or not that she'll be able to do that because then she sued Jerry to get back onto her farm to Pick This Corn. So, we're trying to find out which of the following is correct regarding the respective rights of each of the parties. It A, that Wendy is not entitled to remove the corn crop and thus is not entitled reenter the farm? Wendy and Jerry each have title to the corn crop, and consequently, there should be an equitable division of the proceeds from the sale of the crop between both parties. Wendy is entitled to remove the corn crop, but she must pay Jerry a fee to enter the farm, thus gaining access to the farm. Or D, Wendy is titled to remove corn crop and is not required to pay Jerry for entering the farm thus gaining the access to corn crop. You had said that this was a real property question. Question and you were right. Just like everyone else, you love real property. I was hearing you say it was your favorite.

0:31:09 Thomas: Because it's highly relevant questions like this. You know, just practical stuff.

0:31:14 Heather: Was interesting listening to you talk through this question, especially because this is the type of question that comes up. There might be a question on this topic and this topic is actually not surprisingly crops.

0:31:23 Thomas: Corn law. Yeah.

0:31:26 Heather: I'm sure the corn law and the bird law people are really yeah, there may maybe a question about this. It's really kind of low priority a lot of times when folks are studying because this is kind of, there's a couple of rules about it, but again, it really doesn't come up very often. So if people are listening and going like, what, It's just because again, this doesn't come up. To, we knew that this was a crop question because we're crops. Wendy's trying to get access to her crops after she had sold. There's actually two types of crops for the purposes of the bar exam and property law.

0:31:54 Thomas: There's two types of crops for the purposes of the bar exam, everyone. Know your crops. Be able to identify which crops you're talking about.

0:31:58 Heather: The first is you'll see them as fructus naturalis or natural plants.

0:32:06 Thomas: Come on. Ah! Yeah.

0:32:10 Heather: These are wild plants that are not cultivated and grow without the aid of man.

0:32:15 Thomas: So you can't just take your, like or your weeds with you. I really love the weeds that grow on my lot. I'm taking them with me.

0:32:22 Heather: The trees and the bushes and the grass. Yes.

0:32:26 Thomas: About your lawn? I feel like your lawn is not that.

0:32:28 Heather: That's a good question. I don't know that people cultivate grass. Well, that's a Good question.

0:32:32 Heather: Not sure. Yeah, well, yeah, I guess the guy around the corner for me, that he has like the he's like perfectly like cut line.

0:32:32 Thomas: They do. They, they absolutely do. Yeah. And they, yeah, it's like, they sell that shit. They, to mention for like golf courses and stuff, you know, they've got different grasses. Okay.

0:32:41 Heather: That's true. Oh yeah. Yes.

0:32:45 Thomas: I'm blowing the lid off this whole thing.

0:32:47 Heather: This is true. I actually Oh, wow, you just unlocked memory. I I actually worked with the one whose husband, he specialized in working in grass on golf courses. This was like his area of specialty is that he like traveled the world and like studied grass on golf courses. And I was, didn't know that was a job.

0:33:02 Thomas: Okay, I'm guessing that the difference is you can take the ones that you grow with you and you can't take the ones that you don't want to take. The ones that are like the wild, whatever. And if that's true, you don' t have to say, yeah, but if that' s true, I now I want to set up a prank where I have a property and I I grow, looks like a lawn and it's like a really cool lawn. And it's just like the whole, you know, it just really makes the place. And I'm like, all right, it's yours. Here's the key to your property. Anyway, taking my lawn with me and I just take all this grass with me, like roll it up, you now, like, and then they're like, how dare, what are you talking about? You can't take your lawn. I'm not natural to this environment. What do you think this grass grows on trees? I don't know. And then that'll be my prank. But we'll see. Okay, we'll See if that's the situation here.

0:33:35 Heather: Well, you can roll up sod. The other type is fructus industrialis or industrial plants. And this is also a term that's used, it's called emblemants. They're crops, like you said, they're produced through cultivation, annual planting, and fertilizing. And not surprisingly, that's stuff like wheat, beans, citrus fruits, and orchards, things like that. And maybe another type of crop that we're familiar with.

0:34:09 Thomas: Eggplant.

0:34:11 Heather: And interestingly, these are considered personal property, and they'll pass with the sale of the land. It. And it was also interesting to hear you talk a little bit about fixtures. I'll talk a little bit About fixtures just really briefly, which is that it is something that's so affixed to the land that it's no longer actually considered personal property, and it actually becomes part of the realty, and you can't move it.

0:34:30 Thomas: So a corn maze. Oh, I thought that was a good joke.

0:34:34 Thomas: Come on. That might also be true. It's like I'm buying this iconic corn maze that goes with this property. That's not corn you're harvesting for corn purposes. That's a corn maze. That's like so part of the property that it I don't know. I think I've got an argument. Look, I'll see you in court.

0:34:50 Heather: It was. I see you in court. People. Crop lawyers. Cheers.

0:34:53 Thomas: No, you I'm suing you for off for not laughing. It was funny. I thought secondly, for not being like, wow, Thomas, what a great point a corn maize. That might be exactly the kind of thing that is an edge case, a hedge case.

0:34:54 Heather: No, listen. It was hilarious. Well, it's funny because the first

0:35:11 Thomas: Never been to a good corn maze it's probably use the wrong salad fork and you've ever been to corn maze you know just I can't take you anywhere

0:35:20 Heather: True. You can't. I'm an embarrassment in public. Let's not kid ourselves. No, it was good to hear you say the fixtures thing. So I was like, that's a really good, I like that. So it was interesting to hear you talk through the question too, because you were kind of saying, unless there's a carve out, unless there's carve out. It sounds like I heard you talk to her and say, you know what? It just makes more sense that she couldn't go back onto the property because she sold it. And the stuff that's on the land kind of goes with the house, right? You also said, unless you specifically talk about what it was and make a deal about it or, you know, have an agreement about it, which they didn't. Right.

0:35:52 Thomas: And I also was saying like if I'm thinking about how these rules evolve over time it just felt like something that wouldn't have needed a special rule to evolve because it's so easily done with the price negotiation not that I wasn't talking about this specific case but just just like in general, why would you need a special rule for this? Because you could just negotiate with the price, but I don't know. I guess we need a special rule for it.

0:36:07 Heather: I also to your point, if you cared about it a whole lot, would talk about it and negotiate it.

0:36:16 Thomas: Yeah. And if things like losing your property to foreclosure or something, I just, I don't know, there's other ways I'm sure you'd be like, well, not my crops though. You know?

0:36:23 Heather: No, my crops, wink wink. I is not entitled to go back into the property, right?

0:36:30 Thomas: She's not right.

0:36:30 Heather: Because she the property, so she no longer has an entitlement to go Back on it. Once she sold it, it's gone, again, unless they had an agreement to the contrary, which they didn't, right. To your point, that's how C and D are wrong because she's not entitled To Go Back or To Remove because again, this was a corn crop, right, and corn is an emblem, right an industrial plant that's through cultivation right it's one through it

0:36:52 Thomas: Wait, what? I thought you're saying because of that she would be able to have some title or it's like personal property

0:36:58 Heather: Is like personal property but that means that it passes with the sale of the land yeah it'll pass

0:37:02 Thomas: Wait it's the opposite is true so like wait what wait

0:37:07 Heather: So it's a little bit of a weird thing where it will pass with the sail of the hand she

0:37:11 Thomas: But then the other stuff like the wildflowers doesn't I don't understand how could that possibly be oh so you just so you set up this division of things and then you're like and in the end it doesn't matter I don't even know why I said that because they're both exactly the same f you specifically thomas for all the joking bits you did that are based on the idea of them being different because theyre not well

0:37:14 Heather: Both do isn't that weird sorry yeah yeah it doesn't matter yeah Yeah. They're generally the same, at least for the purposes of the bar exam. They kind of get treated the same. But part of why this kind of ends up being really hard when you're studying is because a lot of people go, I'm never going to see this on the test. It's easy to forget which is which.

0:37:44 Thomas: It doesnt matter does it matter why does it mater which is which cant

0:37:47 Heather: No, because it doesn't. Right. Because you look because you look at this.

0:37:53 Thomas: Remember which of the things it doesn't matter oh ok that doesn't mater thats

0:37:57 Heather: Nope. You don't really have to remember member other than, does she get to go back on it? No, she sold the house and the crops went with it and they didn't agree exactly. And they didn't agree to anything else. So So that's it. Doesn't get to back.

0:38:04 Thomas: What I thought ok oh this was a hell hell of a journey. Mean, you're setting up, you know, you bring up the fixtures. You brought up the fixtures thing. Thus further setting up this distinction between fixtures and things that are personal property that you would take with you. And you're like, yep, corn, that's the personal property.

0:38:10 Heather: I'm sorry for Yep.

0:38:29 Thomas: And then you're, like, Tiny Tim who did not die and then all of a sudden it's that doesn't matter and you've wow I've been had what a what a what a prank but it's the kind of prank where I end up getting the question right so that's fine

0:38:31 Heather: Doesn't matter. Better to welcome to studying for the bar exam yeah

0:38:46 Thomas: Well I'll just say this if anyone's ever going to prank me a prank in which I think I'm totally wrong from all of the time until the last minute and I'm so confused that I'm not wrong but so a is the answer then in the end b was a dumb second choice I was just just going with B because of the weird language thing. But then I saw like title to the corn crate. You wouldn't really have title to it, would you? Even if in this world, it would be probably C or D would be a better second chance answer, but whatever.

0:38:58 Heather: A is correct yeah and yeah had yeah they have some kind of an agreement where he was like sure you hand me over five dollars and you get to come back into my farm and pick your own corn that you planted. Yeah.

0:39:22 Thomas: I came up with so many fun bits and edge cases and hedge cases, and it turns out they didn't even matter. Truly did not even matter, we talked about grass for golf courses, and that also didn't matter. A weird thing to do, Heather. This is such a weird one. I mean, I love it, but

0:39:39 Heather: Told you, I told you, you can't take me anywhere.

0:39:43 Thomas: You're getting so knee deep into the differentiation here you're like in the end it's a okay well sweet corn sweet corn, I don't know, well

0:39:50 Heather: In the end. That's why I was so glad to listen to talk you talk through this and be like, unless there's some weird thing, I'm just going to go with the thing that makes the most sense. Yes. Hey, another

0:40:00 Thomas: There we go fantastic I did a thing right well thank you so much uh can't believe this happened it's what a way to celebrate T3BE 60, 60 of the new era boy, 60 that's a lot that means like over a year how right heather well we're gonna find out who was likely basically equally roller coaster ridden through this question and then realizing they got it right at the end uh do you have a winner from Reddit?

0:40:11 Heather: Yeah, it is. You made it. And it was tough to choose just one because there were so many right answers or a lot of folks getting excited. So yeah, it was good answer. So I chose Freakers, who said answer A is correct. Sold the farm with no mention of the corn to a corn farmer, no less. It's not her land or her corn anymore. If she wanted to keep it, she should have stipulated that in the sale agreement. I agree. If a Georgia O 'Keeffe painting, ah, nice throwback, of questionable authenticity, but forgot it on the wall when the new owners took possession, that's not your suspicious painting any longer. Spouse says that growing corn as a monocrop is a terrible idea as it strips the soil real bad. That corn farmer should diversify into a lentil rotation. Correct. So great job, Freakers. That's a great answer.

0:41:13 Thomas: I get some polyamorous crops going. You can't just go with monogamous ones. I agree. That's just, it's, it'S old fashioned at this point. That's so interesting that you say a bunch of people got it right on, right? Because like Reddit I'll be honest like nobody got it right I don't know which is weird because some people do both but I I was all ready to be like yeah no one else got this but then I guess they all just were on reddit for some reason but hmm all right uh maybe folks thought I needed to pick me up. And they're just like, Hey, everyone, just like pretend, you know when you were playing a little kid at basketball and you got to like, just let them, you don't know, like dribble around you. Just like, I wrote up, but pretend this question's hard. We'll all pretend we can't get it. Man, no way. Answer D, you now. And it's awesome.

0:41:55 Heather: -m.

0:41:55 Thomas: And yeah, cause that, let's see. Great state of denial says the answer is D. That's pretty certain too. I think the answer should be a, but I'm going to guess there's some 13th century Saxony law of this question is testing. You know, yeah, that's what I thought, but it wasn't. Feels so obvious that it has to be a trick. Yeah. Would say, let's see, the closest thing to a correct answer. We got one. Go shuck yourself.

0:42:07 Heather: -h.

0:42:19 Thomas: Is also a patron. I shout out a lot, but changes their name every time. So you don't know it, but it's always great. They said, I think Thomas is right. And I'm also going to go with A. Wendy just went and took her corn back at this point, I'm pretty sure that would be theft because the corn went with the property and it wasn't addressed before the sale. I mean, we nailed it. Go shucks yourself.

0:42:41 Thomas: Don't go shucks. Don't shucks herself. All right. Well, yeah, I guess that was a tough one. I think these ones that seem like tricks in why I keep guessing the obvious one, because more often than not, it has been correct. But you never know when Heather's going to throw a curveball, which is going to shuck a curve ball at us. We'll see. And we'll have to see if I can keep that. Well it's not a streak. I mean, I think it's a one question streak, but see if I can keep that positivity going into question 61 after the break. Right. Let's hear it.

0:43:04 Heather: All Oscar owns an axe -throwing pub, Hops and Hatchets. Friend Don warned him that leaving the axes laying around without proper safety protocols for putting them away was a recipe for disaster.

0:43:19 Thomas: Really? You need your friend Don to warn you that, Oscar? You're a business owner. You need a friend Don. Okay.

0:43:25 Heather: One day, Don dropped by Hops and Hatchets to check in on Oscar and noticed several axes strewn about. Decided to teach Oscar a lesson since he refused to take her warning seriously.

0:43:33 Thomas: Great. I had your back in a second ago. I was so, Don, I was, I was backing you and now this is going a bad direction.

0:43:42 Heather: Took an axe that had been left out and swung it around like she was going to strike Oscar, who was standing at the bar with with his back turned. Said, quote, if you move an inch, you're toast. Heard the swing of the axe and was terrified of being almost hit with it, but suffered no physical or other harm. Oscar sues Don, what is the most likely result? Oscar will not recover because he suffered no physical harm. Oscar because Don was just joking. Oscar Oscar will recover because Don was negligent, or D, Oscar will recover because he was afraid Don would hit him with the axe.

0:44:19 Thomas: I love it. I love it. So, Don, you don't get to just do this. Imagine if it was a gun and you're like, I'm going to teach you a lesson, point a loaded gun at you. No, you can't. I mean, I don't even know if you need to imagine it's that. But just in case you don'T understand why you can'T do this, So first, let's see the category. We have an answer that mentioned negligence, but it might be related to that. Be torts yeah okay I think negligence was like a subcategory of torts maybe um yeah it's gonna be we're we're in tort town it's totally tort town today tuesday so the first thing that came to my mind was like oh this reminds me of like assault where the classic thing that most people including me didn't understand before listening to opening arguments which is assault isn't hitting someone assault is like the going toward someone and scaring them before you you hit them kind of thing um when you hit somebody at least at common law maybe I don't know and that's what this made me think of because specifically the wording of like if you move an inch you're so it's like definitely everything up to hitting him but didn't hit him so it feels like an assault thing but we're not dealing with crimes here because we're dealing dealing with a civil matter. So I I think we might be in like some sort of, you intentional affliction of emotional something or negligent, you afflection of emotional distress or something. Think the whole preamble is nothing. I don' think that does anything. Unless, here's they could have been going for some some sort of contributory negligence thing, if it's like, well, okay, so I swung the ax, but like he left the ax lying around, but I don't think that's what they're going for at all. I don't see anything about contributary negligence or anything like that. Yeah, I just don't, I don'T think any of the beginning matters. I think what all that matters is back was turned. She's swinging an ax and Don said, if you move an inch, you're toast. He was terrified, but suffered no physical or other other harm so it is emotional distress at least yeah I guess I'll just have to go the answers um because I'm not a hundred percent sure precisely what what tort will be dealing with so if oscar sues don so not not in criminal court here we're just uh we're not pressing charges we're just suing what is the most likely result a oscar will not recover because he suffered no fiscal harm now that I don't believe so I'm gonna go ahead and eliminate a I think that's an easy elimination b oscar will not recover because don was joking

0:46:37 Thomas: I also think that doesn't matter because he actually or sorry because she actually had the axe like she wasn't joke it'd be one thing if she had said I'm gonna swing this axe and then it turned out she hadn't that still might I don't know it still might be something just because if his back is turned and you like pretend you have a weapon and scare somebody I still also don't think that's like super cool, but she actually swung it. So I just don't think A or B are good. I'm pretty A and B. Oscar will recover because Don was negligent. Mean, it's a possible answer. I don't love it because it doesn't feel like doesn't feel negligency. Negligent is the word actually. It just doesn't feeling negligee. It doesn't going to feel negligentery, I'll say, because it like this is all a very, I mean, it's because maybe by the lawyer definition of negligence, maybe this is, you know, maybe this fits in, but like as a lay person, you're like, well, it's not really negligent per se. She's like doing, she's doing everything intentionally. There's no, I don't know. I think of negligences like you neglected to exercise proper care. And I guess you could say swinging something around without, you regard for the danger. I guess your negligence to that. So I guess I could see is definitely a strong possibility. I just there's a part of me that doesn't love the phrasing of it. Is the thing? Crap. What's uh just remembering the old t3b thing where if you swing a weapon around madly and hit somebody no I think that was reckless disregard or something and that was a way to still have possibly murder is that I'm Just remembering a thing I don't think it I don' think it matters because I think That's criminal stuff but I just remembered there's the example of like Like, well, if you're just waving a baseball bat around and you, I don't know if people remember what I'm talking about because I barely do. But I think that was a question of if, way you could get manslaughter to murder without specific intent or something like that was if you were doing something so dangerous, like if you just go in a crowd and you wave like a bunch of knives around and, you know, just like complete, you didn't, you but you're the thing you were doing was just like deadly then I think it's still murder because of like criminal so I think that's the thing I think of which sounds like this but not but actually I think is different okay so then D Oscar will recover because he was afraid Don would hit him with the axe and I actually think crazy it is I think D it's D I think once again going to be the plain answer. That that's actually the key, like the key tort we're talking about is going to be something, if it's not intentional infliction of emotional distress, it's going to mean something like that. And the key to that is emotional distress, although there still has the intentional. So I think there's also negligent infliction of emotional distress and so in a way that could be both because it was intentional because she was yeah never mind I don't even know why I said that it's definitely intentional this is all she's doing this all even if she's allegedly doing it to teach him a lesson that's actually still her intent was to scare him and scaring him is the tort so I think we're just in d territory I think it's like he was actually afraid she made him afraid and you're not allowed to make people afraid with weapons, even if you think it's a cool bit.

0:49:53 Thomas: So I'm actually pretty solidly just D. So, I'll say it's between C and D for me, but I'm going to go with final answer D. if you'd like to play along, hop on to Blue Sky. A place to do it. We'll see. I haven't gotten a few, many bites there lately, but you never know. You could be the winner if you you share quote skeet that one. And also reddit.com slash r slash open args. And most most importantly, patreon.com/law. And I appreciate you all trying to get it wrong so that I feel better. That is a nice thing that folks did. I guess, was it my birthday? I don't think it was.

0:50:20 Heather: Was it your half birthday?

0:50:21 Thomas: I wouldn't know. Who could possibly know when their half birthday is? That's impossible.

0:50:25 Heather: Who's to say?

0:50:26 Thomas: Heather, what are you talking about?

0:50:27 Heather: I don't know.

0:50:29 Thomas: Right. Well, I'm excited to find out if I'm starting a new streak. And thanks so much, Heather, as always. And we'll see you next week. Week.

0:50:38 Heather: See you next week.

0:50:39 Thomas: No, no, no axe -related goodbyes? No. I can't wait to axe you next week. If got this one right.

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0:52:15 Clip: Thank you for being, say we started from the bottom, now we're here, girl.

0:52:24 Thomas: There's only one thing left to do, which is to to thank thank the patrons at patreon.com/law who make this show happen. Seriously, from the bottom of our hearts, thank you for making the show happen and here to join me for that is, of course, Lydia Smith back You may remember her from such beginnings of the show as this one.

0:52:41 Lydia: I'm back in my closet. Hi.

0:52:43 Thomas: Right well here's the new patrons thank you to insert creative name here what it sounds like you forgot to do that so that's that's a huge mistake on your part thank you to Tony D underscore Indy Michael Bennett Julian Madeer Michael Moore wow awesome finally and Justin and we got the Justin that's crazy amazing thank you so much for pledging uh now it's time to thank our Hall of Famers our all -time greats and these are the amazing folks that I'm just gonna say it are better than you. I'm sorry. That's just the truth. They're better than me as well because they pledge at that $5 level and above for at least a month. As such, they get a shout out each and every week. It's mine and Lydia's quality personal, time together. So they also get that, you I'll go first. Thank you too. I place one lawyer in defense position and end my my turn.

0:53:33 Thomas: Casey Kahn. Cannot survive unregulated capitalism. Kelly, bird law specialist. James H. five things I told Chancellor Musk's Office of Personnel mismanagement were, come back with a warrant. That's funny. Cyanitis. Son followed me around asking for big nuts. Turns out he just wanted more cashews. Oh boy.

0:54:00 Lydia: That's cute.

0:54:00 Thomas: The amount of times our kids have accidentally said like really like adult sounding things and then you had to pretend that it's nothing.

0:54:07 Lydia: React. Yeah, man.

0:54:08 Thomas: Yeah, it's so funny. Tim ward fourth circuit attorney reluctantly changing her font sex and gender different things apprentice of adventure vehicular man's laughters topical care references are running on empty so the preference for the lydia edit stays for now rooting for the hamburgers to deliver more timely justice than the current system ah that's dr steve proper I don't know why I said rooting I just feel like I think I went into Rootin' Tootin', you know, like that. I don't know why. I'm tired. It's late. I'm a little tired. Unfrozen Caveman Lawyer. Nick Fish. Valis Tark. That's some video game thing, isn't it? Or is it a sci -fi thing? I don' t know.

0:54:23 Lydia: It's been for a while.

0:54:51 Thomas: A Negative Phenomenon. Cavalry. Irregardless of anything, Ovechkin is... Oh, Major Faux Pas.

0:55:00 Thomas: Party Foul. While you, my friend, Ovechkin admirer, are late. Read your incorrect name. Ovechen is only 12 goals from the record. And I will substitute in the correct one. He is I away from the record so he uh snuck one more in there on you that is wow he seems to definitely be doing it this season that's uh that's absolutely crazy if breaking his ankle or whatever it was his leg something he broke something for a while foot I already forget but he was only out for a little it's crazy it's crazy anyway mean he's russian IN TO PUTIN SO IT'S BUT LIKE BUT ALSO YOU THERE WAS ACTUALLY A IT'S REALLY SAD THERE'S A REALLY WRESTLER WHO I GUESS WAS LIKE KILLED BY YOU OF THOSE LIKE FELL OUT OF A WINDOW BULLSHITS AND IT'S LIKE IT IS KINDA TRUE THAT LIKE AS MUCH AS I GET REALLY UPSET WHEN ANY OF THE Russian athletes are like of Putin. They might be, but it also might be like they don't want to get them for their family killed. You know, it's like there's a little bit of it that you got to be like, OK, you know, he doesn't like bring it up or whatever.

0:55:29 Lydia: I'm can maga like gretzky is though like yeah yeah yeah mm -hmm

0:56:00 Thomas: So maybe he I don't know, but I'm sure he sucks. Anyway, you got a fight for your right to export. Oh, yeah. Gretzky has no excuse. He just sucks.

0:56:05 Lydia: Gretzel does suit yeah yeah oh

0:56:09 Thomas: And then he had his like wife get on or something and be like he's really really sad that you're critical of him. Yeah, it's weird. It's disappointing. Anyone like level of legendary, just go live in a cave after your fame. Just, you know, just go disappear.

0:56:15 Lydia: My god yeah

0:56:25 Thomas: Never be heard from again so that people can just be like, wow, that guy, he was so great.

0:56:24 Lydia: And everybody loves you still right like

0:56:31 Thomas: Just or just completely stay out of it. You know, just stick to hockey. We don't need you to be political. Just stick to hockey. Always say that when advocating for, you social justice. I think they should do.

0:56:40 Lydia: Yeah it's and stuff too that like it's like stick to acting stop being so political

0:56:47 Thomas: But I'm not giving a blanket rule of that. They think they're doing some blanket rule, which they're actually not, because when that dingus kicker from Kansas speaks up, then they're like, well, we love that. It's the greatest thing to ever happen to your hero. I'm saying speak up if you have something good to say. Shut up if you have something bad to say, I know it's crazy. It's crazy advice, it actually works. Got to fight for your right to ex parte. Jay Sink, go shuck yourself.

0:56:55 Lydia: Butker oh

0:57:13 Thomas: They're also the winner in this episode. Yeah, it's good stuff. Release the news. Look, I finally changed my name for real legally. Congrats. That's E .T. And Thomas Freeman. All right. Your turn at last.

0:57:09 Lydia: Cool right big thanks to cajun killer fraud fishy hates everything chris simpson love the extra extra episodes. Gun -owning liberal who knows that root cause mitigation and gun control are both important. Gun control works. See Australia. This isn't a Patreon name, and I'm not reading anything right now. I just personally think Legal Eagle is so handsome.

0:57:45 Thomas: We lost a gun. You know what? It might be it might be like a credit card renewal situation that does happen right after the month end. You're scaring me. Other gun person's gun sandwich was one one of the breads. I think the bottom bun. We need the bottom button back.

0:57:56 Lydia: Our gun is falling apart. Part. Schultz, The Cincinnati Kid, Bob Loblaw's Law Podcast, Philly Basement Bar is back open and isn't taking the shit lying down. Elect Thomas Smith, President, American Honky Tonk Bar Association, Balticate, Philip Kaiser. It was the best of shires. It was the worst of shires. Did I say that right? Who knows? No one knows. Hors d 'oeuvres in the court before we report. Lan, a string of unpronounceable characters. Milo Meatsong is fighting petty tyrants. Malaika Chandler, Malcolm the Dragon the Precious Variant, RhondaTheDork .com, Big Easy Blasphemy, Fred R. Grothia's Chris Waltrip, Classic Lib Tart, and Mitchell. Mitchell.

0:58:47 Thomas: That's some big build -up or something we all knew was already coming but I appreciate it I love the energy that's what you get with your shout out dollars everybody well

0:58:57 Lydia: All of my love and attention for this moment.

0:59:00 Thomas: Thank you so much patrons you're the best uh thanks livia for the countdown uh of the mess and different ways Ways of handling the mess. And thanks everyone for listening and sharing the show. And we'll see you for Rapid Response Friday, this time on Friday. Imagine.

0:59:16 Clip: This podcast is a production of Opening Arguments Media, LLC, All Rights Reserved. It is produced and edited by Thomas Smith, who also provided the fabulous intro and outro music used with permission.

0:59:34 Thomas: Anyway, taking my lawn with me and state of the union is it's it sucks that's and it saved you two boobless hours famous family guy joke that I'm realizing you never watch family guy right now it's funny peter

0:59:43 Lydia: I watched some, but I don't know that. Yeah.

0:59:47 Thomas: Like someone rented he one of of those cutaway jokes and he's like yeah recorded over citizen kane and it's just like in the beginning of it he comes out he's Like it's a sled there I saved you two boobless hours