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Charlie Kirk Today | Dr. Paul Moreno: June 15, 2026 | Charlie Kirk Today | June 15, 2026
- There is much to discuss.
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- Namely, do we have a peace deal or not?
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- So a lot has been going back and forth.
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- In the news media overseas,
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- A lot of leaks coming out of the middle east.
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- President trump is none too pleased.
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- But let's get the basic facts about where we were supposed
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- To be at, where we thought we were at as of yesterday.
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- Let's go ahead and play cut 24.
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- But has iran committed to not pursuing,
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- A nuclear weapon
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- Or will there be more negotiations on that download?
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- We will not have a nuclear weapon.
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- They've agreed to that.
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- There will be no which is the whole reason,
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- Which is a big part of the reason
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- That the agreements, they will not only not have
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- They will not purchase, develop in any way, any shape,
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- In any way, shape or form a nuclear weapon.
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- They will not have a nuclear weapon.
- 00:00:55.078 --> 00:00:56.679
- So that's the big get, obviously.
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- But then the second big get is the strait of hormuz.
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- So again this deal has been going on.
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- And being negotiated for weeks now.
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- I was, able to participate
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- In sort of a high level call with some members of the press.
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- A few weeks ago, i'm told there was another one this morning.
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- I was not on it,
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- But i'm getting updates as we go calling my sources,
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- And they said it was going to take weeks.
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- At that point.
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- They basically said, you know, it's carrier pigeons
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- That you got to get into this, supreme leader
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- Because they got him hidden in a bunker somewhere,
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- You know, no digital connection.
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- All right. so let's look at, 25 here.
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- This is another piece of it.
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- The straight and the blockade. 25.
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- And when the and when this deal is signed,
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- Is the united states going to immediately lift the blockade?
- 00:01:39.923 --> 00:01:42.859
- Yes. this should this part of the deal
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- And, just
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- Little, oil prices dropping like a, so that's the piece.
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- Their oil price is dropping like a rock.
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- Okay.
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- Next piece, just so we get it all
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- From the president, straight from the,
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- The president's mouth is himself 26.
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- Made a great settlement of
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- The war with iran.
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- And we're going to be,
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- Subject to finalization of documents,
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- Which should get done over the next few days,
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- Probably have a signing, maybe in europe.
- 00:02:12.589 --> 00:02:15.425
- Throw up this truth social that just came out.
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- He said the terms of that iran leaked out to the fake news,
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- Have nothing
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- To do with the terms that were agreed to
- 00:02:22.365 --> 00:02:23.666
- In writing what they said, including their weak
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- And pathetic statement
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- On having a deal, bears no relation to the truth.
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- Very dishonorable people to deal with with them.
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- There is no such thing as dealing in good faith.
- 00:02:32.742 --> 00:02:34.544
- Amazing.
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- Also their total
- 00:02:35.311 --> 00:02:36.512
- Their totally rebuffed drone attack
- 00:02:36.512 --> 00:02:38.448
- Last night against indian ships
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- Leaving the hormuz strait is totally unacceptable.
- 00:02:40.116 --> 00:02:42.952
- They better get their act together and fast.
- 00:02:42.952 --> 00:02:45.421
- J.d.
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- Vance continues on.
- 00:02:46.256 --> 00:02:47.457
- He said, i'm seeing a lot of fake information
- 00:02:47.457 --> 00:02:49.826
- About a potential deal to reopen the strait
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- And end iran's nuclear program.
- 00:02:52.795 --> 00:02:55.765
- First, the iranians are not receiving any cash
- 00:02:55.765 --> 00:02:59.235
- And that was clear a couple weeks ago.
- 00:02:59.235 --> 00:03:00.703
- That was never going to be on the table.
- 00:03:00.703 --> 00:03:01.938
- And no funds are being released
- 00:03:01.938 --> 00:03:03.539
- For simply signing a deal or attending a meeting.
- 00:03:03.539 --> 00:03:06.509
- The deal is structured to ensure that the u.s.
- 00:03:06.509 --> 00:03:09.078
- And its allies concerns are prioritized,
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- And that if the
- 00:03:11.914 --> 00:03:12.915
- Islamic republic of iran meets its obligations,
- 00:03:12.915 --> 00:03:15.451
- Then economic benefits
- 00:03:15.451 --> 00:03:16.719
- Will flow to them and to the entire region.
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- This deal has the potential to remake the region
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- And lead to lasting peace.
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- I've noticed a couple of bizarre things
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- In the reporting over the last few hours.
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- First, people who rightly said donald trump was historic
- 00:03:27.263 --> 00:03:30.600
- President a month ago
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- Now criticizes
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- Criticizing a deal based on unconfirmed media reports.
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- Second, people who say you can't trust a word
- 00:03:35.204 --> 00:03:38.341
- Said by the irgc who apparently believe
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- Anonymously source social media posts.
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- It's a very good point.
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- The president is going to
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- Get us a good outcome one way or another.
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- All right.
- 00:03:46.516 --> 00:03:47.517
- So i, i was trying to get a readout of this,
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- Call this morning, kind of given a,
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- Update from a very high placed source within the admin.
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- There was a few
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- That were, apparently accurate.
- 00:03:58.728 --> 00:04:01.197
- So this is, a tweet from fox news
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- Who apparently somebody from fox was on this call.
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- This briefing call this morning says a white house
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- Official says iran has agreed to a performance based deal
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- That would require major concessions before
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- Receiving any sanctions relief, according to the official.
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- Iran's nuclear material would be destroyed and removed,
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- Its nuclear program dismantled
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- And none of its money released until it fulfills
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- Its commitments.
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- And that is a repeat beat.
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- I can tell you that when i've called in.
- 00:04:27.023 --> 00:04:29.092
- Ask for details updates on how this is progressing.
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- That seems to be a repeat beat that there will not release
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- Any of the money, meaning,
- 00:04:36.599 --> 00:04:39.202
- You know, the sanctions, easing of the sanctions.
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- They're not going to get oil shipments out and money in
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- Until they fulfill its commitments.
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- Okay.
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- The official also said the strait of hormuz
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- Remain open and iran would agree
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- To stop funding terrorist groups.
- 00:04:50.813 --> 00:04:52.382
- So you got nuclear.
- 00:04:52.382 --> 00:04:54.016
- The strait, a hormuz and stop funding terrorist groups.
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- Okay, there's now there's another
- 00:04:57.019 --> 00:04:59.555
- There's another one, this one here from kayleigh mcenany.
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- I'm assuming she must have been on this briefing call.
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- Do we have a deal yet? no, but we are very close.
- 00:05:03.926 --> 00:05:06.562
- The official estimates the deal 75%.
- 00:05:06.562 --> 00:05:08.631
- They're not 100%. yet.
- 00:05:08.631 --> 00:05:09.999
- While this is tentative,
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- We feel confident
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- That we will be signing this in the next few days.
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- We have agreed to the concept and the details, but
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- The deal is not done until we sign it.
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- What is in the deal?
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- The highly enriched uranium will be destroyed.
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- The deal accomplishes that.
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- So very, very clear.
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- That was the president's main objective.
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- You can go back and roll the tapes
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- From ten, 20 years ago.
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- This is the main objective. he was looking to get it
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- Get accomplished with these strikes.
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- You can love it. you can hate it.
- 00:05:35.525 --> 00:05:36.626
- But this was always the main objective.
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- This deal gets this done.
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- There is a long term number two,
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- There's a long term commitment
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- That iran cannot procure a nuclear weapon.
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- Three this is a meaningful inspection process.
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- I'm hearing that it's going to be
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- International inspectors as well as u.s.
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- Inspectors for iran cannot fund terrorism
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- As we work toward broader peace in the middle east.
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- That's a big, big piece here.
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- What you're seeing in lebanon, what you're seeing in with,
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- The who does all this, these proxies
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- That are sowing chaos and violence across the region.
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- If you're going to have a stable
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- Middle east, you got to deal with that too.
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- All right. the hormuz strait will be open.
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- Five assets are not immediately unfrozen.
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- Iran must meet its commitments first.
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- Okay,
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- Now, let me just say
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- I know there is a certain contingent out there,
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- The hardliners, the war hawks that want to see
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- A full regime change.
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- Okay.
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- If you want to
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- If you want to do that, you got to put boots on the ground,
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- Okay.
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- President trump has said publicly
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- He doesn't think the country has the appetite
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- Or the patience for that. he's right.
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- Go just go talk to some of our turning point students.
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- They'll tell you
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- Even trump
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- Voters are done with this, okay?
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- They want the deal. they want peace.
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- Okay.
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- So you get what you can get
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- So you get what you can get
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- Without further ado, i want to bring in our next guest.
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- And that is doctor paul marino from hillsdale college william
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- And bernie's, guru coc chair in constitutional history.
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- And professor of history.
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- Doctor marina, welcome to the charlie kirk show.
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- It's good to see you.
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- I know you're traveling, so thanks for making the time.
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- Thanks very much.
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- Great to be on the show.
- 00:07:21.265 --> 00:07:22.366
- So we have been having this ongoing conversation
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- About this fallout from the austin metcalf,
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- Carmelo anthony, trial, which is a total tragedy.
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- A young man lost his life
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- Who shouldn't have lost his life.
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- But i, i want you to hear some of the reactions
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- From some of the folks in and around the country
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- Saying that this is some big injustice,
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- And it strikes at the very heart of our judicial system,
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- Whether or not we can have a jury of our peers
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- To define somebody's guilt or innocence.
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- Stop 34 well, they're saying that they,
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- They struck the three black jurors,
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- With them.
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- Yeah. i have two attorneys coming up there.
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- They're going to talk about that.
- 00:08:07.978 --> 00:08:09.246
- But yeah, it was an all white jury.
- 00:08:09.246 --> 00:08:11.648
- So that's not true.
- 00:08:11.648 --> 00:08:13.517
- But it is the lie that keeps getting parroted
- 00:08:13.517 --> 00:08:16.987
- Again and again and again.
- 00:08:16.987 --> 00:08:18.088
- This is carmelo anthony, father saying the same thing.
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- Saw 36 stuck out to me.
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- Number one was the all white jury.
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- But i was trying to be,
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- You know, like, it's not that big of a deal.
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- I mean,
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- The truth is on our side so that that's not true.
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- It was actually a pretty diverse jury.
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- There was three, african-americans
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- Who made it to, i guess, some sort of final stage.
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- But they all said that
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- They would struggle to convict a young black man.
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- And now there's tons of video clips
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- Going around the internet, doctor marina that say,
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- You know, don't do that in the future.
- 00:08:50.187 --> 00:08:51.388
- If you're black, just tell them you can be fair.
- 00:08:51.388 --> 00:08:54.157
- And it strikes a very deep question.
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- Can we continue doing this?
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- And what is the history of it?
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- How important is it and where do we go next?
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- Well, the jury is an essential institution.
- 00:09:04.201 --> 00:09:06.870
- It's one of the most important ones, in the constitution,
- 00:09:06.870 --> 00:09:10.607
- Although people don't usually
- 00:09:10.607 --> 00:09:11.608
- Look at it as a constitutional institution, but,
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- It really is in some ways
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- The most democratic institution in the constitution.
- 00:09:16.546 --> 00:09:19.449
- It was sort of considered as like the lower house
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- Of the judicial branch, where the judges were sort of
- 00:09:21.918 --> 00:09:26.123
- An elite aristocratic part of the, judicial system.
- 00:09:26.123 --> 00:09:29.459
- But the jury was a place where ordinary citizens in person,
- 00:09:29.459 --> 00:09:33.030
- Could help administer the, the justice system.
- 00:09:33.030 --> 00:09:35.999
- And there's a long history of that in the west,
- 00:09:35.999 --> 00:09:38.335
- Going back to ancient greece and rome and the, the english
- 00:09:38.335 --> 00:09:42.005
- Jury system goes back probably to the 13th century.
- 00:09:42.005 --> 00:09:45.575
- During the ratification debate over the constitution,
- 00:09:45.575 --> 00:09:48.812
- When it came to article three, the judicial branch,
- 00:09:48.812 --> 00:09:50.881
- There was really more
- 00:09:50.881 --> 00:09:52.049
- Controversy about the jury and the way that the original,
- 00:09:52.049 --> 00:09:55.852
- Article three provided for, juries.
- 00:09:55.852 --> 00:09:58.355
- And that's the reason why the fourth, fifth
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- And sixth amendment to the constitution
- 00:10:00.123 --> 00:10:01.725
- Really are all about the jury as, as an institution.
- 00:10:01.725 --> 00:10:04.895
- So, with the decline of the jury
- 00:10:04.895 --> 00:10:08.298
- In american history, it's really been, astounding.
- 00:10:08.298 --> 00:10:11.768
- I think something like 2% of criminal trials ever
- 00:10:11.768 --> 00:10:14.805
- Reach a jury today and less than 1% of of civil trials.
- 00:10:14.805 --> 00:10:18.608
- So it really is
- 00:10:18.608 --> 00:10:19.710
- An almost a defunct institution in, in america. wow.
- 00:10:19.710 --> 00:10:23.313
- That's that's a profound thing.
- 00:10:23.313 --> 00:10:25.549
- You just said, why are we seeing the decline?
- 00:10:25.549 --> 00:10:28.618
- And is it just because so many cases get,
- 00:10:28.618 --> 00:10:31.354
- You know, plea deals and they,
- 00:10:31.354 --> 00:10:32.856
- They find settlements outside of the actual trial?
- 00:10:32.856 --> 00:10:36.393
- Yeah.
- 00:10:36.626 --> 00:10:37.627
- The, the changes in the criminal justice system
- 00:10:37.627 --> 00:10:39.696
- Have led to just routine plea bargaining and also changes
- 00:10:39.696 --> 00:10:43.400
- In the civil justice system,
- 00:10:43.400 --> 00:10:44.668
- Which have made given lawyers a lot more opportunity to,
- 00:10:44.668 --> 00:10:48.305
- To reach a settlement before we actually go to a, to
- 00:10:48.305 --> 00:10:51.341
- To a jury is. that's interesting because.
- 00:10:51.341 --> 00:10:53.910
- Sorry.
- 00:10:53.910 --> 00:10:54.578
- No, no, no, please.
- 00:10:54.578 --> 00:10:55.312
- Please continue.
- 00:10:55.312 --> 00:10:57.114
- It's interesting that that's not there's a guarantee
- 00:10:57.114 --> 00:10:59.916
- To a, a jury trial in criminal cases.
- 00:10:59.916 --> 00:11:02.853
- In federal criminal cases, in the original constitution.
- 00:11:02.853 --> 00:11:05.956
- And every state still has a criminal, jury system,
- 00:11:05.956 --> 00:11:09.426
- Although they hardly ever, hardly ever use them anymore.
- 00:11:09.426 --> 00:11:12.028
- But civil trials.
- 00:11:12.028 --> 00:11:12.963
- You're not entitled to a, a jury trial.
- 00:11:12.963 --> 00:11:15.565
- The seventh amendment, which says that in all cases
- 00:11:15.565 --> 00:11:18.335
- Where more than $20 is at stake,
- 00:11:18.335 --> 00:11:20.604
- You're entitled to a jury has never been enforced.
- 00:11:20.604 --> 00:11:23.106
- The states can can waive that if if they want to.
- 00:11:23.106 --> 00:11:26.109
- Yeah. i mean, so
- 00:11:26.109 --> 00:11:27.844
- I guess like my question is, is that a bad thing
- 00:11:28.812 --> 00:11:31.414
- That more more cases are getting plea deals and
- 00:11:31.414 --> 00:11:34.985
- Settlements are reached before reaching the trial phase?
- 00:11:34.985 --> 00:11:38.121
- Yeah.
- 00:11:38.355 --> 00:11:38.755
- Most people
- 00:11:38.755 --> 00:11:39.823
- In the criminal defense part of the justice system
- 00:11:39.823 --> 00:11:42.292
- Think that it is that more people are being,
- 00:11:42.292 --> 00:11:44.928
- Punished for things that they didn't do at all.
- 00:11:44.928 --> 00:11:47.564
- That especially if you're,
- 00:11:47.564 --> 00:11:49.232
- You know, you can't afford a good lawyer,
- 00:11:49.232 --> 00:11:51.134
- You're going to be taken advantage of by the system
- 00:11:51.134 --> 00:11:53.003
- Where you have just sort of, you know, very quick
- 00:11:53.003 --> 00:11:55.071
- And summary, justice because there's just so many cases.
- 00:11:55.071 --> 00:11:58.909
- Yeah.
- 00:11:59.142 --> 00:12:00.343
- You know, i look at this case, doctor moreno and i think
- 00:12:00.343 --> 00:12:02.445
- That they should have pled out.
- 00:12:03.079 --> 00:12:04.881
- The facts were such they were so stacked against this kid.
- 00:12:04.881 --> 00:12:08.652
- I mean,
- 00:12:08.885 --> 00:12:10.153
- He shouldn't have been carrying the knife in the first place.
- 00:12:10.153 --> 00:12:12.689
- He shouldn't have been sitting under the tent.
- 00:12:12.689 --> 00:12:14.090
- He was asked 15 times by some eyewitness accounts to leave.
- 00:12:14.090 --> 00:12:17.961
- He wasn't, ganged up on.
- 00:12:17.961 --> 00:12:20.363
- He wasn't assaulted.
- 00:12:20.363 --> 00:12:21.631
- He was of.
- 00:12:21.631 --> 00:12:22.532
- Ultimately, i think a little shove
- 00:12:22.532 --> 00:12:23.934
- Is what what i heard it was a small push.
- 00:12:23.934 --> 00:12:26.903
- And then instantly he was stabbed
- 00:12:26.903 --> 00:12:29.105
- And his hand was already in the bag.
- 00:12:29.105 --> 00:12:31.141
- This this jury, though, was made up of apparently
- 00:12:31.141 --> 00:12:35.045
- It had an asian, hispanic,
- 00:12:35.045 --> 00:12:36.947
- Indian or middle eastern individuals,
- 00:12:36.947 --> 00:12:38.615
- Three racial minorities among the 12 more
- 00:12:38.615 --> 00:12:41.418
- And with more diversity, including alternates.
- 00:12:41.418 --> 00:12:44.254
- So it was eight women, four men there.
- 00:12:45.021 --> 00:12:47.657
- Like i said, there was
- 00:12:47.657 --> 00:12:48.725
- There was no black jurors on the panel.
- 00:12:48.725 --> 00:12:51.394
- Prosecutors struck all qualified black prospective
- 00:12:51.394 --> 00:12:53.930
- Jurors, citing reasons like them
- 00:12:53.930 --> 00:12:55.532
- Being educators or other nonracial factors.
- 00:12:55.532 --> 00:12:58.468
- I can't i can't put somebody that's black in jail
- 00:12:58.468 --> 00:13:02.038
- Would feel bad about that.
- 00:13:02.038 --> 00:13:03.707
- And the question i think the heart of the question
- 00:13:03.707 --> 00:13:06.476
- Is, what are the underlying elements necessary
- 00:13:06.476 --> 00:13:10.013
- To have a jury system that will actually,
- 00:13:10.013 --> 00:13:13.483
- You know, be fair,
- 00:13:13.917 --> 00:13:16.086
- That will apply the law and not tribalism.
- 00:13:16.086 --> 00:13:19.656
- And that is a question i think a lot of us are
- 00:13:19.656 --> 00:13:21.157
- Asking is in our current demographic makeup
- 00:13:21.157 --> 00:13:24.661
- And our current with all the, you know, the racial strife,
- 00:13:24.661 --> 00:13:28.331
- The racial animus,
- 00:13:28.331 --> 00:13:29.432
- With the
- 00:13:29.432 --> 00:13:30.700
- All the immigration that we've had over the last 40,
- 00:13:30.700 --> 00:13:32.669
- 50 years, are we still able to do this in an impartial way?
- 00:13:32.669 --> 00:13:38.475
- Well, that's
- 00:13:38.808 --> 00:13:39.809
- One of the things that jury was meant to do
- 00:13:39.809 --> 00:13:41.011
- Is to be a way of enforcing sort of the
- 00:13:41.011 --> 00:13:43.380
- The norms and the values of the local community.
- 00:13:43.380 --> 00:13:46.416
- And when you have communities that are so divided
- 00:13:46.416 --> 00:13:48.752
- As americans are today along racial and other lines,
- 00:13:48.752 --> 00:13:51.021
- As you say, it becomes a lot more difficult to do that.
- 00:13:51.021 --> 00:13:53.189
- Then jury trials
- 00:13:53.189 --> 00:13:54.624
- Become a way of people reaching results based upon
- 00:13:54.624 --> 00:13:57.727
- Those racial or other, through status, factors.
- 00:13:57.727 --> 00:14:02.499
- People are going to think now.
- 00:14:02.499 --> 00:14:03.533
- I mean, the last
- 00:14:03.533 --> 00:14:04.734
- High profile case like this, people would think of the o.j.
- 00:14:04.734 --> 00:14:07.103
- Simpson trial, the rodney king trial.
- 00:14:07.103 --> 00:14:10.173
- If you go back to the 1950s, the shoe was on the other foot.
- 00:14:10.173 --> 00:14:13.476
- It was the emmett till trial
- 00:14:13.476 --> 00:14:15.211
- Where an all white jury very quickly acquitted,
- 00:14:15.211 --> 00:14:18.448
- Some whites who obviously, after the fact, they confessed,
- 00:14:18.448 --> 00:14:22.419
- Had had lynched this, this, this young black man.
- 00:14:22.419 --> 00:14:25.455
- And so this has been going on
- 00:14:25.455 --> 00:14:26.423
- For a long time in american history.
- 00:14:26.423 --> 00:14:28.358
- During the reconstruct period,
- 00:14:28.959 --> 00:14:31.027
- The unwillingness of blacks to serve as jurors
- 00:14:31.027 --> 00:14:34.297
- Because it wasn't regarded as a right of a civil right.
- 00:14:34.297 --> 00:14:39.469
- To serve on a jury was considered
- 00:14:39.469 --> 00:14:40.904
- A political right, like voting or holding office,
- 00:14:40.904 --> 00:14:43.807
- Because serving on a jury is really holding, an office.
- 00:14:43.807 --> 00:14:46.977
- So it wasn't until the 15th amendment
- 00:14:46.977 --> 00:14:48.511
- That that came about that, congress struggled with ways
- 00:14:48.511 --> 00:14:51.648
- To make sure that blacks could be able to get justice
- 00:14:51.648 --> 00:14:54.718
- From all white juries, in the southern states
- 00:14:54.718 --> 00:14:58.488
- And a lot of northern states, which, didn't allow blacks
- 00:14:58.488 --> 00:15:00.690
- The right to vote or serve on juries
- 00:15:00.690 --> 00:15:02.392
- Until the 15th amendment.
- 00:15:02.392 --> 00:15:04.260
- That's it's a fascinating history.
- 00:15:04.260 --> 00:15:06.162
- I mean, so what do you do then, when you get to a point
- 00:15:06.162 --> 00:15:10.000
- Where people are saying, now, openly
- 00:15:10.000 --> 00:15:12.569
- Lie to get on a jury, lie and tell people that you
- 00:15:12.569 --> 00:15:16.706
- You can be fair when you can't just to get on a jury
- 00:15:16.706 --> 00:15:19.743
- So you can acquit, you know, a black defendant.
- 00:15:19.743 --> 00:15:25.315
- Yeah.
- 00:15:25.548 --> 00:15:26.516
- Because the supreme court used to be that,
- 00:15:26.516 --> 00:15:27.851
- Lawyers could strike jurors for any reason whatsoever.
- 00:15:27.851 --> 00:15:30.787
- They were called peremptory challenges
- 00:15:30.787 --> 00:15:32.756
- For exactly that reason.
- 00:15:32.756 --> 00:15:33.890
- They were peremptory in the 1980s.
- 00:15:33.890 --> 00:15:36.359
- I think the supreme court said you can't use
- 00:15:36.359 --> 00:15:38.528
- Race as the reason for striking a juror.
- 00:15:38.528 --> 00:15:41.531
- And that's why, in the selection in this case,
- 00:15:41.531 --> 00:15:44.000
- They're saying, well, it wasn't for race.
- 00:15:44.000 --> 00:15:45.368
- It was for other reasons, some of which were i mean,
- 00:15:45.368 --> 00:15:48.605
- If these jurors, who's potential jurors said
- 00:15:48.605 --> 00:15:50.940
- That i can't be unbiased about this,
- 00:15:50.940 --> 00:15:53.109
- I got to give them credit for their for their honest.
- 00:15:53.109 --> 00:15:55.345
- Yeah.
- 00:15:55.345 --> 00:15:56.046
- And, and for, you know, if
- 00:15:56.046 --> 00:15:59.282
- People can't really can't believe that
- 00:15:59.282 --> 00:16:01.317
- A jury of a particular race can do justice
- 00:16:01.317 --> 00:16:04.320
- When the defendant is of another race.
- 00:16:04.320 --> 00:16:07.057
- I don't know how why that sentiment, extends and how
- 00:16:07.057 --> 00:16:10.493
- Often high profile cases like this, would come up.
- 00:16:10.493 --> 00:16:14.064
- But as i said before, it's not not the first time.
- 00:16:14.064 --> 00:16:16.299
- And even recent history that we've had, high
- 00:16:16.299 --> 00:16:19.235
- Profile racialized, controversy like this.
- 00:16:19.235 --> 00:16:22.872
- Hang right there, doctor. marina, we'll be right back.
- 00:16:22.872 --> 00:16:28.001
- Hang right there, doctor. marina, we'll be right back.
- 00:16:28.001 --> 00:16:32.783
- All right, doctor marino,
- 00:16:33.350 --> 00:16:34.618
- We're going to continue
- 00:16:34.618 --> 00:16:35.619
- On this topic because i think it's important.
- 00:16:35.619 --> 00:16:38.189
- And let's broaden the discussion.
- 00:16:38.189 --> 00:16:39.924
- I'm going to play a clip from pete boot edge edge
- 00:16:39.924 --> 00:16:43.194
- And get your reaction to it on the other side.
- 00:16:43.194 --> 00:16:45.563
- 33 we have to deal with the supreme court
- 00:16:45.563 --> 00:16:48.065
- That is now a rogue supreme court.
- 00:16:48.065 --> 00:16:53.871
- To see them
- 00:16:54.205 --> 00:16:55.072
- Eviscerate the voting rights act
- 00:16:55.072 --> 00:16:58.209
- Is to see them reverse some of the most important progress.
- 00:16:58.209 --> 00:17:02.713
- This country ever made,
- 00:17:02.713 --> 00:17:05.449
- Wiping out black political representation,
- 00:17:05.449 --> 00:17:07.852
- But also wiping out part of what actually is great
- 00:17:07.852 --> 00:17:11.155
- Within the complex american story.
- 00:17:11.155 --> 00:17:13.624
- So now now you see what's happening here.
- 00:17:13.624 --> 00:17:15.593
- It's not just delegitimizing the juries.
- 00:17:15.593 --> 00:17:19.263
- It's not just delegitimizing
- 00:17:19.864 --> 00:17:21.732
- A verdict in a very clear case
- 00:17:21.732 --> 00:17:24.835
- Involving carmelo anthony and austin metcalf.
- 00:17:24.835 --> 00:17:27.404
- Now we got to talk about the supreme court.
- 00:17:27.404 --> 00:17:29.940
- We're going to pack it.
- 00:17:29.940 --> 00:17:31.008
- We're going to we're going to do everything we can
- 00:17:31.008 --> 00:17:33.544
- To get our way politically and ideologically.
- 00:17:33.544 --> 00:17:36.480
- What do you make of that clip from pete buttigieg?
- 00:17:36.480 --> 00:17:39.984
- Well,
- 00:17:40.217 --> 00:17:41.252
- I just read today that the trump administration,
- 00:17:41.252 --> 00:17:43.554
- Is really taking on, the disparate impact
- 00:17:43.554 --> 00:17:47.258
- Standard of, of discrimination that's really about all this
- 00:17:47.258 --> 00:17:49.393
- Voting rights, controversies about the idea
- 00:17:49.393 --> 00:17:52.830
- That enforcing the 14th and the 15th amendment is about
- 00:17:52.830 --> 00:17:56.433
- Racial proportion was that that we assume there's
- 00:17:56.433 --> 00:17:59.537
- Discrimination unless blacks or whoever
- 00:17:59.537 --> 00:18:02.206
- Are represented in proportion to their percentage
- 00:18:02.206 --> 00:18:04.875
- Of the population in every field of human life
- 00:18:04.875 --> 00:18:07.678
- And the reconstruction
- 00:18:07.678 --> 00:18:08.913
- Amendments were never meant to do that.
- 00:18:08.913 --> 00:18:10.881
- Congress overstepped its bounds, i think, in, title
- 00:18:10.881 --> 00:18:15.186
- Seven of the civil rights act and in the voting rights act.
- 00:18:15.186 --> 00:18:18.322
- And the court went along with that in the 1960s and 70s.
- 00:18:18.322 --> 00:18:21.525
- And now the roberts court is beginning to,
- 00:18:21.525 --> 00:18:23.360
- I think, you know, contain some of these, excessive
- 00:18:23.360 --> 00:18:27.498
- Interpretations of the reconstruction amendments. so
- 00:18:27.498 --> 00:18:30.401
- The court is, i think, right now trying to undo
- 00:18:31.335 --> 00:18:34.104
- Some of the the bad decisions that it made in the past.
- 00:18:34.104 --> 00:18:37.408
- And i think they're completely
- 00:18:37.408 --> 00:18:39.176
- Which could be right for them to do that.
- 00:18:39.176 --> 00:18:41.712
- I love what you just said, doctor moreno, for a number
- 00:18:41.712 --> 00:18:44.582
- Of reasons, namely, charlie felt the same way.
- 00:18:44.582 --> 00:18:46.884
- I mean, charlie was very,
- 00:18:46.884 --> 00:18:48.385
- Charlie said it very bluntly that he thought
- 00:18:48.385 --> 00:18:50.621
- That some of
- 00:18:50.621 --> 00:18:51.422
- The civil rights act was a mistake,
- 00:18:51.422 --> 00:18:52.756
- And he took a bunch of incoming for it.
- 00:18:52.756 --> 00:18:54.725
- It's not that he didn't, you know, support the intent,
- 00:18:54.725 --> 00:18:57.895
- But what he was talking about was this excessive
- 00:18:57.895 --> 00:19:02.433
- Maybe language within the civil rights act
- 00:19:02.433 --> 00:19:04.501
- And the voting rights act that they're correcting now.
- 00:19:04.501 --> 00:19:07.471
- But talk about a little bit more detail,
- 00:19:07.471 --> 00:19:09.940
- Because i really want the audience to absorb this
- 00:19:09.940 --> 00:19:12.977
- Disparate impact.
- 00:19:12.977 --> 00:19:14.678
- What is it and why is why has it been misinterpreted?
- 00:19:14.678 --> 00:19:18.882
- And then you said section seven of the civil rights act.
- 00:19:18.882 --> 00:19:21.819
- Unpack that a little bit more.
- 00:19:21.819 --> 00:19:23.654
- Yeah.
- 00:19:23.887 --> 00:19:24.989
- Because the civil rights act of 1964 is a long bill.
- 00:19:24.989 --> 00:19:27.925
- Section two,
- 00:19:27.925 --> 00:19:28.926
- Almost nobody would have any argument with
- 00:19:28.926 --> 00:19:30.327
- That was about segregation, you know, jim
- 00:19:30.327 --> 00:19:32.162
- Crow in places of public accommodations.
- 00:19:32.162 --> 00:19:33.998
- Yeah, but can i put you right there?
- 00:19:33.998 --> 00:19:35.466
- Can i pause right there? sure.
- 00:19:35.466 --> 00:19:36.467
- This is what happens in this argument.
- 00:19:36.467 --> 00:19:39.003
- If you criticize anything
- 00:19:39.003 --> 00:19:40.971
- Within the civil rights act, they go, oh, what do you want?
- 00:19:40.971 --> 00:19:43.974
- Segregation again?
- 00:19:43.974 --> 00:19:44.842
- Do you want jim crow?
- 00:19:44.842 --> 00:19:45.976
- No, no no no no, we're not talking about section two.
- 00:19:45.976 --> 00:19:48.646
- That's a big old bill.
- 00:19:48.646 --> 00:19:49.813
- So let's be very specific. continue.
- 00:19:49.813 --> 00:19:51.515
- Sorry, i just had to make i just had to write.
- 00:19:51.515 --> 00:19:54.218
- Exactly.
- 00:19:54.218 --> 00:19:55.085
- And that was the most controversial,
- 00:19:55.085 --> 00:19:56.687
- Part of the civil rights act.
- 00:19:56.687 --> 00:19:58.055
- And that's what most people thought
- 00:19:58.055 --> 00:19:59.023
- The civil rights movement was all about.
- 00:19:59.023 --> 00:20:00.891
- Title seven is about employment in private discrimination.
- 00:20:00.891 --> 00:20:04.061
- It wasn't part of president kennedy's
- 00:20:04.061 --> 00:20:05.829
- Original proposal for the civil rights, bill.
- 00:20:05.829 --> 00:20:08.565
- It was put in by congressional liberals.
- 00:20:08.565 --> 00:20:11.068
- And there you can see
- 00:20:11.068 --> 00:20:12.269
- You can make a constitutional argument
- 00:20:12.269 --> 00:20:13.671
- That that really goes beyond congress's
- 00:20:13.671 --> 00:20:15.673
- Power to regulate commerce among the states.
- 00:20:15.673 --> 00:20:18.776
- But even if you accept that justification for title seven,
- 00:20:18.776 --> 00:20:22.079
- The idea that discrimination is proved
- 00:20:22.079 --> 00:20:24.515
- On the basis of statistical disparity,
- 00:20:24.515 --> 00:20:26.483
- This is the disparate impact standard
- 00:20:26.483 --> 00:20:28.419
- That is just, you know, i think a bridge too far
- 00:20:28.419 --> 00:20:31.622
- Because when the civil rights act was being debated,
- 00:20:31.622 --> 00:20:34.325
- Almost everybody said discrimination is defined here
- 00:20:34.325 --> 00:20:37.661
- As it was always understood, an intentional act
- 00:20:37.661 --> 00:20:40.798
- Treating somebody differently on the basis of their race.
- 00:20:40.798 --> 00:20:44.068
- And now it has become not about individuals,
- 00:20:44.068 --> 00:20:46.670
- Not about treatment.
- 00:20:46.670 --> 00:20:48.205
- It's become about equal group outcomes.
- 00:20:48.205 --> 00:20:50.908
- Justice scalia referred to the interpretation
- 00:20:50.908 --> 00:20:53.210
- Of the voting rights act as a racial entitlement
- 00:20:53.210 --> 00:20:57.014
- To a certain proportion of of elected officials.
- 00:20:57.014 --> 00:21:00.017
- It's so important what you're
- 00:21:00.651 --> 00:21:01.952
- Saying and what you just said is really important.
- 00:21:01.952 --> 00:21:04.722
- I remember reading about this a lot with in christopher
- 00:21:04.722 --> 00:21:07.591
- Caldwell's book, age of entitlement.
- 00:21:07.591 --> 00:21:10.394
- And he, you know, so let's just lay the timeline out here.
- 00:21:10.394 --> 00:21:14.131
- Jfk gets assassinated november 22nd, 1963.
- 00:21:14.131 --> 00:21:18.202
- And he was working on a version of the civil rights act.
- 00:21:18.202 --> 00:21:22.473
- So he gets assassinated.
- 00:21:22.473 --> 00:21:23.874
- The civil rights act of 1964 was passed by congress
- 00:21:23.874 --> 00:21:27.945
- And signed into law on july 2nd, 1964.
- 00:21:27.945 --> 00:21:31.315
- So about, let's say, seven months later,
- 00:21:31.315 --> 00:21:34.685
- About seven months later, it's signed into law.
- 00:21:34.685 --> 00:21:36.720
- And lyndon johnson.
- 00:21:36.720 --> 00:21:38.555
- I mean, this was a huge initial effort
- 00:21:38.555 --> 00:21:41.024
- For him to win black support, to sort of, you know, and he
- 00:21:41.024 --> 00:21:44.695
- They pitched to the country,
- 00:21:44.695 --> 00:21:45.863
- A mourning country, a devastated country
- 00:21:45.863 --> 00:21:48.699
- As a way to sort of fulfill jfk's memory and legacy.
- 00:21:48.699 --> 00:21:52.403
- But it it ballooned.
- 00:21:52.403 --> 00:21:53.871
- And you made that point that it was liberals
- 00:21:53.871 --> 00:21:56.073
- Within the congress, the progressives
- 00:21:56.073 --> 00:21:57.441
- In the congress
- 00:21:57.441 --> 00:21:58.375
- That packed it full of all these other things
- 00:21:58.375 --> 00:22:00.711
- That weren't originally part of his vision,
- 00:22:00.711 --> 00:22:03.013
- Namely, section seven with this proportionate
- 00:22:03.013 --> 00:22:05.916
- Representation, proportionate proportional entitlement,
- 00:22:05.916 --> 00:22:08.752
- These are these little history nuggets that get lost,
- 00:22:08.752 --> 00:22:11.889
- But they're extra constitutional.
- 00:22:11.889 --> 00:22:13.857
- They're they're very against
- 00:22:13.857 --> 00:22:16.460
- What the foundations of, of american society.
- 00:22:16.460 --> 00:22:19.396
- And so so it's good that the roberts court
- 00:22:19.396 --> 00:22:22.099
- Is actually addressing these things.
- 00:22:22.099 --> 00:22:23.367
- But obviously progressives are losing their minds about it.
- 00:22:23.367 --> 00:22:26.303
- But it's so important that the the
- 00:22:26.303 --> 00:22:29.039
- That our audience understands the history of how we got here
- 00:22:29.039 --> 00:22:32.543
- And what it's going to take to correct a historic wrong.
- 00:22:32.543 --> 00:22:35.245
- Final 30s to you, sir.
- 00:22:35.245 --> 00:22:37.181
- Yes. in fact, that goes back to,
- 00:22:37.881 --> 00:22:39.550
- Because john f kennedy
- 00:22:39.550 --> 00:22:40.417
- Was very reluctant
- 00:22:40.417 --> 00:22:41.618
- About taking on the civil rights issue because southern
- 00:22:41.618 --> 00:22:44.087
- Or southern segregationists were sort
- 00:22:44.087 --> 00:22:45.889
- Of the core of the democratic party.
- 00:22:45.889 --> 00:22:47.925
- They chaired all the important committees in congress.
- 00:22:47.925 --> 00:22:50.394
- So kennedy was like this.
- 00:22:50.394 --> 00:22:51.929
- Fdr was like this before him.
- 00:22:51.929 --> 00:22:54.331
- But johnson was able to turn jfk into a sort of a martyr
- 00:22:54.331 --> 00:22:57.534
- For the civil rights bill.
- 00:22:57.534 --> 00:22:58.836
- He really played played it politically,
- 00:22:58.836 --> 00:23:01.738
- Very deftly, and was able to break the senate filibuster.
- 00:23:01.738 --> 00:23:05.108
- And back then,
- 00:23:05.108 --> 00:23:06.143
- The filibuster was, two thirds majority required,
- 00:23:06.143 --> 00:23:08.812
- To end debate.
- 00:23:09.146 --> 00:23:10.113
- So you're right, the assassination of john
- 00:23:10.113 --> 00:23:11.381
- F kennedy really was the turning point.
- 00:23:11.381 --> 00:23:13.250
- But that that event had to be, you know, told
- 00:23:13.250 --> 00:23:16.153
- In a certain way to sell the connection.
- 00:23:16.153 --> 00:23:19.289
- Doctor mary, you know, this was excellent.
- 00:23:19.289 --> 00:23:20.891
- Thank you so, so much for making the time.
- 00:23:20.891 --> 00:23:22.893
- I hope our audience got a lot out of that.
- 00:23:22.893 --> 00:23:22.893
