Podcasts

The Safe Harbor Deadline

U.S. federal law’s “safe harbor deadline” means that most presidential election law cases will be resolved by tomorrow, December 8. Today, David and Sarah discuss what’s next for Trump loyalists who have an unshakable belief that the election was stolen. Stay tuned for a conversation about changes to the citizenship test, a 9th Circuit transgender bathroom case where cert was denied, parental and student rights in public education, and why so many conservative lawyers don’t buy the Trump campaign’s legal strategy.

Show Notes:

-U.S. code on meeting and voting of electors, determination of controversy as to appointment of electors, and counting electoral votes in Congress.

-“Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management” by Edward Foley in the Loyola University Chicago Law Journal.

-“The ‘Safe Harbor’ Deadline Is upon Us” by Jim Geraghty in National Review.

Parents for Privacy v. Barr.

-“Why Do So Many Americans Think the Election Was Stolen?” by Ross Douthat in the New York Times.

Brown v. Hot, Sexy and Safer Productions, Inc.

-“Coronavirus: When a High-Trust Response Is Required in a Low-Trust Time” by David French in The Dispatch.

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Making It Up in Volume

Jonah flies solo once more in a podcast filled with the hottest of takes: Biden’s foot-breaking story is not only totally true – it’s also just kind of lame, weed saved George H.W. Bush’s life, and, most controversially of all, The Walking Dead still has some redeeming qualities. He also discusses why you should take John Bolton’s advice in The Dispatch seriously, and “Eurosclerosis,” the fanciest word of the day.

Show Notes:

This week’s G-File

The origins of Biden-Foot-Trutherism

The week’s first Dispatch Podcast

The Remnant with Jonathan Adler

BREAKING: George H.W. Bush owes his life to hemp! Big If True!

If you want… just … a font of wisdom in response to Jonah’s “I-told-you-so” moment, look no further than his Facebook page

This week’s Remnant with Virginia Postrel; that’s the good nerd stuff, right there

John Bolton’s piece for The Dispatch on the future of conservatism

Jonah: “Too many Republicans just use conservatism as a tool”

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Politics is a Complicated Profession

After Georgia election official Gabriel Sterling asked GOP lawmakers to tone down the unsubstantiated claims of vote fraud in his state earlier this week, the Trump campaign shared a 90-second video on Twitter alleging another Georgia related election conspiracy theory. “Video footage from Georgia shows suitcases filled with ballots pulled from under a table AFTER supervisors told poll workers to leave room and 4 people stayed behind to keep counting votes,” the tweet said. Georgia Gov. Brian Kemp and other GOP figures have since demanded a signature audit of the presidential election in the Peach State.

Where do we go from here? Sterling joined Sarah and Steve on today’s episode to debunk election conspiracy theories about his state and offer a pathway forward for the GOP. “To me, this is the playbook that was run by Stacey Abrams in 2018 in Georgia,” Sterling tells Steve and Sarah of the Trump campaign’s claim that the election was rigged.


Show Notes:

90 second clip of Georgia election conspiracy theory shared by the campaign on Thursday and Lin Wood’s rally on Wednesday excoriating Gabriel Sterling.

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The Last Platoon

We have another Remnant first-timer on the show this week, as Jonah is joined by old friend, well-traveled military writer, and Marine veteran Bing West. With a discipline that only a Marine could muster, Bing joins the program to talk about his upcoming novel, The Last Platoon: A Novel of the Afghanistan War, which uses Afghanistan as a backdrop to tell the story of men in combat who “do their duty, even when it becomes clear that there will be no reward.” Jonah also probes Bing’s brain about the overall strategic value of the Afghanistan war, the abiding faith of American soldiers in an era of secularism, how to break up the perverse friendship between the Taliban and al-Qaeda, and most important, how a small, tri-fold shovel is sometimes the most valuable piece of equipment a soldier can have.

Show Notes:

Pre-order The Last Platoon

Afghani tribal groups and opium production

Bing’s book embedded with Marines in Fallujah

Bing in WSJ: “How to save Kabul from Saigon’s fate”

Sebastian Junger’s Tribe

How counterinsurgency (or COIN) really works

The Dispatch addresses Pompeo’s thoughts on the Taliban turning on al-Qaeda

The Pepper Dogs

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You Reap What You Sow

With the GOP’s Senate majority hanging by a thread, all eyes are on the Peach State and whether Republican Sens. David Perdue and Kelly Loeffler can hold onto their seats in their January runoffs. But could all of these election conspiracy theories that are being circulated by conservative pundits and politicians ironically end up depressing turnout among GOP voters in these races? “Over last night and this morning,” David explains on today’s podcast, “there was suddenly a lot of people who were sowing unfounded accusations of voter fraud, realizing that they may be reaping the loss of the Senate.” Today’s jam-packed episode also features a breakdown of several religious liberty cases, the White House’s alleged pay-for-pardon scheme, the U.S. census case, Attorney General Bill Barr’s special counsel appointment, and HBO’s The Undoing.

Show Notes:

Donald Trump v. New York oral arguments transcript

Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census

Franklin v. Massachusetts

General powers of special counsel CFR

October 19 memo from Attorney General Bill Barr

9th Circuit Harvest Rock Church case

Supreme Court order on Harvest Rock case

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It Was Always Going to End This Way

During an interview with the Associated Press on Tuesday, Attorney General Bill Barr said that “to date, we have not seen fraud on a scale that could have effected a different outcome in the election.” In what seems to be a clever attempt to appease the president, Barr also said during the interview that he had appointed John Durham as special counsel to investigate the Russia-Trump probe in October. Will news of Durham’s appointment appease Republicans? Is there a legal defect in the Durham appointment? Sarah and the guys give us the breakdown. On today’s episode, our podcast hosts also analyze Trump’s election litigation madness, the ethics of COVID-19 vaccine prioritization, and last week’s killing of Iranian nuclear scientist Mohsen Fakhrizadeh.

Show Notes:

-Attorney General Bill Barr’s interview with the Associated Press.

-“As Trump Rages, Voters in a Key County Move On: ‘I’m Not Sweating It’ ” by Elaina Plott in the New York Times.

Statement from Sen. Ted Cruz urging SCOTUS to hear the Pennsylvania election challenge.

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Hipster Luddites

Today, Jonah is joined by Virginia Postrel – former editor-in-chief of Reason magazine and author of many of the latter-day holy tomes of libertarianism, such as The Future and Its Enemies – to talk about her new book, The Fabric of Civilization. Virginia and Jonah do a deep dive into several moments in which the changes in textile manufacturing created giant, revolutionary, consciousness-shifting ripple effects regarding how civilizations viewed their relationship to markets and the economy. In particular, Virginia addresses how the un-guilded spinners of Europe were like the Luddites before it was cool, why textile-making would be one of the most laborious processes in the world without advanced technologies, and what made cotton fabric from India so special that “the French treated it much the same as the American government treats cocaine.” At least that kind of wild protectionism confirms a long-held American instinct: Never trust the French.

Show Notes:

Virginia’s book, The Fabric of Civilization: How Textiles Made the World

“Isaiah’s Job”

Our first episode with Matt Ridley (on technical innovation)

Our second episode with Matt Ridley (on more technical innovation)

Virginia at Volokh Conspiracy: The textile industry’s relationship to literacy

The salaries of spinners may be higher than one thinks

The High Sparrow and the Labor Theory of Value

Some bits from “The Bad Polanyi” on ancient Assyria

Virginia talks about Indian cotton prints

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New Day for Pandemic Law

Over Thanksgiving break, the Supreme Court struck down New York Gov. Andrew Cuomo’s strict coronavirus related occupancy limits to 10 or 25 worshipers in churches and synagogues located in orange and red zones in the state. In a 5-4 per curiam decision, the majority sided with Roman Catholic Diocese of Brooklyn and Agudath Israel, who argued that Cuomo’s COVID-19 regulations treated houses of worship differently from comparable secular institutions, especially considering the religious plaintiffs in question went above and beyond in preventing COVID-19 outbreaks within their doors.

“From the standpoint of the plaintiffs,” David argues, “it’s sort of a double whammy of good facts. One, expressions of animus from public officials and hypocrisy from public officials. And two, they’re coming to the court with clean hands.” Later in the episode, David and Sarah also dive into a host of abortion related lawsuits and the U.S. census case before ending with some thoughts on election litigation.



Show Notes:

Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York, Jacobson v. Massachusetts, South Bay United Pentecostal Church v. Newsom.

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Ersatz Christmas

On this episode, Jonah is joined by Charles C.W. Cooke of National Review. It’s an eclectic mix today, as the duo gets into a good deal of punditry surrounding the Trump campaign’s election challenges and then move onto the future of conservatism (or “conservatarianism” in Charlie’s case) as a whole before tying the whole thing up around the Thanksgiving theme of gratitude. As a freshly minted American living through a relatively chaotic period in our politics, what is Cooke grateful for when it comes to the U.S.? During this holiday season, Jonah thinks we might all do well to be grateful for the fact that “we still live in a country where following politics is essentially a hobby … and isn’t a matter of survival.”

Show Notes:

Charlie’s main podcasting gig

Charlie’s, uh, other main podcasting gig

Florida man saves puppy from alligator

National Review and the John Birchers

The Conservatarian Manifesto

Max Boot: America’s A-Team

Randoph Bourne: “The State”

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Release the Kraken!

In Monday’s emergency episode of the podcast, David and Sarah bring us up to speed on the Trump legal team’s latest litigation drama, which has become nothing short of a clown show. One of the most puzzling aspects about all of this is the striking gap between the Trump campaign’s public rhetoric about widespread voter fraud during press conferences and its much more modest—albeit still meritless—legal arguments in the courtroom. No matter how you slice it, the president’s legacy is on the line here. In Sarah’s words: “This is what he’s going to be remembered by.” Our hosts discuss the Trump campaign’s failed Pennsylvania election lawsuit and Thursday’s rather unconventional press conference given by Sidney Powell, Rudy Giuliani, and Jenna Ellis. Then Sarah’s husband, Scott Keller joins the podcast to spar with David about nationwide injunctions.

Show Notes:

-U.S. District Court Judge Matthew Brann’s opinion throwing out Trump’s Pennsylvania lawsuit.

-“Nationwide Injunctions Will Be a Vital Check if Biden Overreaches” by Scott Keller in the Wall Street Journal.

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Ditching the Seating Chart

After filing a more-spirited-than-average G-File, Jonah joins us for the weekend Ruminant. Today, he talks about how certain individuals associated with Trump seem determined to end their careers in ignominy, as well as discussing many other phenomena, such as America’s oversaturation of elites, the necessity of reading people with whom you disagree, the inadequacy of applying the left-right spectrum to American politics, what the possible consolidation of fringe-right news stations might look like, and how genuine post-Trump conservatism “is almost, in certain way, the same as [if it was] pre-Trump.” And, of course, the most exciting news in Jonah’s world right now? How a calmer political environment means that he can write about more interesting stuff.

Show Notes:

This week’s G-File

Tucker Carlson almost closes the circle, but doesn’t make it quite there

The entire Dispatch team descends on the Cuomo Emmy news

The “Iron Law of Oligarchy”

The midweek “news”letter

A legendary piece of Goldbergian hagiography – Gargoyles: Guardians of the Gate

The quotable Erik von Kuehnelt-Leddihn

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Finding a Common Goal

Charles Koch and Brian Hooks joined Sarah and David to discuss their new book, Believe in People: Bottom-Up Solutions for a Top-Down World, which is about social entrepreneurship, the principles of human progress, and empowering people to discover their gifts. On today’s show, Koch and Hooks explain how finding common ground with people across the ideological spectrum has helped reorient their approach to public policy reform as it relates to the criminal justice system, education, and more.

Show Notes:

Believe in People: Bottom-Up Solutions for a Top-Down World by Charles G. Koch and Brian Hooks.

Good Profit: How Creating Value for Others Built One of the World’s Most Successful Companies by Charles Koch.

After Life: My Journey from Incarceration to Freedom by Alice Marie Johnson with Nancy French.

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American Dynamism

Jonah’s return to The Remnant features a guest with “The most important hair in public policy,” Ryan Streeter from AEI. While Ryan’s magnificent mane isn’t captured in the final product, his spot-on analysis of the causes of American stagnation (and what we can do to get out of it) certainly are. Why is fulfilling work so hard to find for a great many Americans? Which of the structures meant to stand between the individual and the government do our current policy regimes totally fail to support? Are all politicians really just heartless hacks? And what factors are the advocates of working-class Republicanism forgetting when they envision the future of the party? Lucky for us, Ryan thinks about this kind of thing for a living, and therefore has more revealing answers than you may find anywhere else.

Show Notes:

Ryan’s page at AEI

Imagine Blue Steel from Zoolander, but it’s Ryan’s hair

Longstanding anti-“poaching” measures within fast food companies

AEI’s research into civil society and volunteerism

To Empower People: The Role of Mediating Structures in Public Policy

Rubio and the supposed face-heel turn of “market fundamentalism”

Ryan called some of America’s restlessness back in 2011

The UCLA loneliness scale

Ben Carson, doing actual interesting things while no one pays attention

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Bong Hits 4 Jesus

Rudy Giuliani has come out of retirement for the first time in 28 years to litigate on behalf of the Trump campaign. To say his gears were a little rusty would be the understatement of the century: Giuliani walked into court this week and couldn’t remember the name of the judge, couldn’t remember the name of his opposing counsel, couldn’t remember the meaning of “opacity,” and couldn’t argue the proper standard of review in the case. As our podcast hosts remind us, effective lawyers not only know how to make a constructive argument, but also tailor their advocacy to the humanity of the judge. Giuliani did neither of these things. After catching up on the latest election litigation disputes, David and Sarah discuss imminent lawless action in the context of the First Amendment and two of their favorite television shows.

Show Notes:

Morse v. Frederick.

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Ironic Crayons

Twitter’s Jack Dorsey and Facebook’s Mark Zuckerberg were in the hot seat again on Tuesday, answering questions from Senate Judiciary Committee members about the policing of misinformation and controversial speech on their platforms. The biggest takeaway from the hearing? Both political parties want to regulate Big Tech, but for very different reasons. As David argues, it’s not just that liberals want more censorship and conservatives want less of it. “It’s that liberals want Big Tech censorship in exactly the areas where conservatives want less censorship,” especially as it pertains to hate speech and disinformation. Is there any room for compromise in the war against big tech? Our podcast hosts break it down in layman’s terms. Also on today’s episode: an update on COVID-19’s third wave, Biden’s Cabinet picks, and Donald Trump’s refusal to concede the election.

Show Notes:

Reuters poll on Republicans’ perception of election.

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Where Do We Go Now?

Jonah the Globetrotter has once again scattered to the four winds, temporarily leaving The Remnant once more in the capable hands of David French. Today, David speaks with his good friend Yascha Mounk, contributor to The Atlantic and founder of Persuasion. Mounk talks us through the current conditions within mainstream media outlets and how those institutions have the opportunity to lower the temperature of American discourse now that Trump is leaving office. David also talks about how a Biden administration might be expected to behave, and Yascha mentions that much of the conventional wisdom about the presidential election results are not only misguided, but that they often “underestimate the intelligence of the American people.”

Show Notes:

David’s newsletter, The French Press

Yascha’s new publication, Persuasion

David Shor’s 2020 postmortem

The earliest mention of “nutpicking” that the Remnant crew could find

Jonathan Haidt’s Heterodox Academy

“Beirut on the Charles”

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