Welcome back to another week of Common Sense Ohio, where we try to cut through the noise and get to the bedrock of what's really going on in America. This episode came out of the gates on a topic that’s far too often dismissed these days, how foundational checks and balances are to our system, and what happens when we lose sight of that.
One concept discussed was how politicians and activists are pushing to do away with the Senate or pack the courts for what they claim is the “greater good.” The conversation focused on why our country’s founders put these safeguards in place: to stop mob rule and protect individual rights. There was real concern about the current climate, where the prevailing sentiment among radicals seems to be, “We know best, so just trust us.” That’s a dangerous road. When you think you have the moral high ground to override process and rule by emotion, you’re tapping into the same ugly impulses that have fueled witch hunts and tyranny throughout history.
Another key theme that emerged, especially as we compared policies across political parties, was a consistent disappointment in how both left and right, but lately especially the far left, wield power for their own ends. Whether it’s social media companies cooperating with the government to suppress information, or politicians deciding your freedom is optional based on how “righteous” they see their cause, there’s a pattern of disregard for the rights and autonomy of the individual.
We also took a detour into the insanity defense that’s playing out in the Lindsay Clancy case, as well as controversies around Meta’s new rules for kids on social media. There’s always tension between individual rights and collective safety, but too often, it feels like the solution is more surveillance and less freedom.
Several points were raised, including how quickly we, as a country, forget that the tools and rules we create can all too easily be used against us. If you want a fair, free society, you have to protect those principles, even when it’s frustrating or when your guy isn’t in charge.
And yes, we capped it off with a bit of Dolly Parton versus modern celebrity “virtue signaling.” At the end of the day, we celebrate the folks who bring people together and respect everyone’s freedom to think, speak, and live as they choose.
Recorded at the 511 Studios, in the Brewery District in downtown Columbus, OH.
Stephen Palmer is the Managing Partner for the law firm, Palmer Legal Defense. He has specialized almost exclusively in criminal defense for over 26 years. Steve is also a partner in Criminal Defense Consultants, a firm focused wholly on helping criminal defense attorneys design winning strategies for their clients.
Norm Murdock is an automobile racing driver and owner of a high-performance and restoration car parts company. He earned undergraduate degrees in literature and journalism and graduated with a Juris Doctor from the University of Cincinnati College of Law in 1985. He worked in the IT industry for two years before launching a career in government relations in Columbus, Ohio. Norm has assisted clients in the Transportation, Education, Healthcare, and Public Infrastructure sectors.
Copyright 2026 Common Sense Ohio
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Steve:That's where you can find us. Sponsored by Harper Plus Accounting. Our
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Norm Murdock:Right. And here's the thing, I'm not going to get surprised. I'm going to sell
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Norm Murdock:know what you're doing. Taxes are, I'm afraid you just
Norm Murdock:can't do your own taxes if you live a complicated life in any way.
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Steve:Never get behind the 8-ball. They're always up to speed on their taxes. Look, if
Steve:you can't pay, you can ask for an extension or you can get on a
Steve:payment plan. But the one creditor you don't want is Uncle Sam.
Norm Murdock:No, no. He has tools that
Norm Murdock:would make your average collection agent
Norm Murdock:thrilled. Yeah. You know, to be able to attach
Norm Murdock:Your tax refund, for example. Everything in life, right? You know,
Norm Murdock:so bad, bad stuff. Anyway, this— today in history, Barack
Steve:Hussein Obama was nominated. Hmm.
Steve:Um, and forever after screwing up our country. I mean,
Steve:well, you know, whatever. Yeah, it turns out he
Norm Murdock:actually is a socialist. You know, another one of
Norm Murdock:these, uh, typical situations all over the
Norm Murdock:country. We're seeing this where You know,
Norm Murdock:candidates run as one thing and then govern in a completely different
Norm Murdock:way. And then when society gets even more
Norm Murdock:radical, like the DSA has within the Democratic Party, you're
Norm Murdock:seeing Hillary and Obama and Schumer, uh,
Norm Murdock:just throw in with, uh, well, El-Sayed and,
Norm Murdock:and these other whack-a-moles. It's interesting because Hillary and Obama were
Steve:both Saul Alinsky sort of— Oh yeah.
Steve:Followers. Yep. Back in the day. Right. Look up Saul Alinsky if you don't know
Steve:what I'm talking about. Absolutely. And here's what's interesting about this.
Steve:The DSA's platform: disband the Senate,
Steve:change the power structure of the executive branch, pack the court,
Steve:and then take over, uh, a House of Representatives and rule by
Steve:majority. Like, what could possibly go wrong? Yeah. What's interesting about
Steve:this is that I actually saw, and this is going back
Steve:maybe during Trump's first presidency somewhere,
Steve:an interview of Obama. And help me out, listeners, if you can remember,
Steve:maybe you can remember. He was talking to
Steve:somebody. I can't remember who it was. I should have noted this
Steve:at the time, but he was talking about
Steve:the need for the Senate is now passé. Yeah, sure. Disband the
Steve:Senate. Yeah, right. I looked for that recently online and
Steve:I can't find it. Okay. I can't find it anywhere. Okay. And, uh,
Steve:I'm, I'm in this debate with a buddy of mine who says, nah, Obama never
Steve:believed that. I was like, no, he said that in an interview. I remember listening
Steve:to it and I can't find it. It's been scrubbed. Yeah. Uh, now the
Steve:DSA is, it's their mainstream platform. So Obama always had these ideals as
Steve:a president. Always did. And dreams of my father. who was
Norm Murdock:a communist. His father was, you know, like, yeah, you know, he,
Norm Murdock:he's implied it. He's now
Norm Murdock:completely out, uh, and just,
Norm Murdock:you know, on board with the DSA. So, uh,
Norm Murdock:yeah. Um, the thing is about having
Norm Murdock:2 senators from every state regardless of size of
Norm Murdock:population of course, was to address
Norm Murdock:the rule of the mob, the, you know, the, the
Norm Murdock:lynch mob. And, you know, whether it's Mary Shelley's
Norm Murdock:Frankenstein or, uh, The Scarlet Letter
Norm Murdock:by Nathaniel Hawthorne or The Crucible by Norman,
Norm Murdock:um, Mailer, you know, whatever you're
Norm Murdock:looking at, uh, these stories of
Norm Murdock:the majority ruling or the scourge of the
Norm Murdock:majority against the minority, where,
Norm Murdock:you know, you have somebody who's innocent
Norm Murdock:or somebody who's committed something in the view of the majority is
Norm Murdock:a sin, and then you crush them. You put them to
Norm Murdock:death. You ostracize
Norm Murdock:them. You oppress their free speech rights,
Norm Murdock:whatever. There's a long history of protecting
Norm Murdock:minority populations, and by that I mean
Norm Murdock:not just racial or religious, but also
Norm Murdock:ideologically minority populations.
Steve:Yeah, right. And by equalizing— and that was
Norm Murdock:the point of the bicameral legislature, was to have one house
Norm Murdock:where all states were equal and another house, the lower
Norm Murdock:house, where bigger states have more congresspeople.
Norm Murdock:And, and, and that was to address the potential
Norm Murdock:mob rule. And now, and now the DSA is in favor of
Norm Murdock:mob rule. Because they're right. They're righteous. So it's interesting, if you go
Steve:back and read the debates on the Constitution and the founding of our
Steve:country, Adams was on our side on this.
Steve:John Adams. And I just looked up some of his quotes on this, and he
Steve:was adamant about this because, no pun intended, right? Yeah.
Steve:Adam about it. He, uh, because he knew that the rich would eventually take over,
Steve:the powerful would eventually take over, and it would be the same aut—
Steve:aut— autotra— you know what I'm saying? Authoritarian,
Steve:uh, government that they were trying to run from. And here's what he says about
Steve:it. It's interesting. A single assembly Meaning just the House of Representatives.
Norm Murdock:Yeah. Is liable to all the vices, follies, and frailties of an individual,
Steve:subject to fits of humor, starts of passion, fights of—
Steve:flights of enthusiasm, partialities of prejudice, and consequently
Steve:productivity of hasty results and absurd judgment. And all
Steve:these errors ought to be corrected and defects supplied by some
Steve:controlling power. And it's— and all of what you just
Norm Murdock:read, Steve, is amped up even more in the
Norm Murdock:age of social media where
Norm Murdock:people come to these knee-jerk
Norm Murdock:conclusions based on their feelings at that time. What
Steve:would've happened during COVID Oh my gosh. Right. I'd
Norm Murdock:be in a concentration camp. Jackboots on the ground rounding us up because we didn't
Steve:want to get the shot. Because listen to what he says.
Steve:Fits of humor, starts of passion, flights of enthusiasm. That's right. Partialities of
Steve:prejudice, and consequently productive of hasty
Steve:results and absurd judgments. Right. I have
Steve:heard it was a well-heeled, I think it was
Steve:one of the Ivies law professor, and this is back right before COVID
Steve:talking about how we needed to get rid of the Senate. We needed to get
Steve:rid of some of these balances of powers, pack the court, because Without all the
Steve:power, his party couldn't fix these existential threats
Steve:like global warming, world destruction, racism,
Steve:white supremacy. As if, one, as if those things all exist
Steve:on the level that he's talking about. Right, which they don't. Which they don't. And
Steve:2, that given the proper power, he could fix it with righteous morality that
Steve:would not end up corrupt. I mean, it's so insane that these people think this.
Norm Murdock:Well, the only reason you even have representative
Norm Murdock:democracy is because it's always been
Norm Murdock:impractical up until now. Okay, so
Norm Murdock:here's where I'm going. It's always been impractical
Norm Murdock:to ask the people to decide every issue, right? Well, now
Norm Murdock:with what, 95% of people or more
Norm Murdock:having cell phones, Uh, you have an instant ballot
Norm Murdock:means right in your hand. We could— there's no need even
Norm Murdock:for the lower house. Mm-hmm. The only reason we have the lower house is
Norm Murdock:because, you know, a group of, say, 5,000 citizens back in
Norm Murdock:the 1820s or whatever, well, they couldn't all go to DC,
Norm Murdock:and, and the founders knew that. So you have a congressional system set up
Norm Murdock:where they pick one out of the 5,000 and say, you go to
Norm Murdock:DC you represent us and you vote our interests. Yeah.
Norm Murdock:But now that we have the technology for you and I to
Norm Murdock:individually vote our interests, I mean, you could make an
Norm Murdock:argument to dispense with Congress and we'll just have a
Norm Murdock:plebiscite on every issue. You know, uh, oh, there's
Norm Murdock:been a tragic mass killing, so do we ban guns,
Norm Murdock:yes or no? And then instantly people without any analysis, without
Norm Murdock:any thinking, without any reference to the Constitution, just say,
Norm Murdock:yeah, you know what? Nobody has a need for, you
Norm Murdock:know, an AR-15. That sounds like somebody being— So let's just ban it
Norm Murdock:right now. Just ban it. Sounds like somebody being productive of hasty results and absurd
Steve:judgments. Exactly. That's the point, right? That's the point. Knee-jerk
Steve:reactions. Exactly. We all have them. Right. We
Steve:all see like, holy crap, this is horrible. We should stop this now. And then
Steve:you wake up the next day and, all right, well, maybe it's a bit, what
Steve:can we do about it? Oh, gee whiz. Because now I read where a
Norm Murdock:farmer held off a bunch of bandits
Norm Murdock:with his AR-15. He didn't kill any of them, but he arrested a few
Norm Murdock:as a citizen and waited for the LEOs to come. Yeah. I
Norm Murdock:mean, there's positive uses of it that never get covered in the
Norm Murdock:media. But as Adams wrote, under
Norm Murdock:the hot glare of the instant satisfaction
Norm Murdock:You know, let's go kill Frankenstein and, and, and the, you know,
Norm Murdock:and the creature that he made in his lab because we're scared of it.
Norm Murdock:Um, you know, that's how— that's if you
Norm Murdock:can justify, you know, it's always the ugly thing in the law
Norm Murdock:that lead us to these absurd conclusions. If you can
Norm Murdock:justify without any trial killing a
Norm Murdock:Frankenstein, then you're off and running. You know, why not
Norm Murdock:just put me and Steve in prison 'cause we didn't get our COVID shots? There's
Steve:a reason we call it mob rule. Mob rule. Right. The lynch mob. It doesn't
Norm Murdock:work. And understand, the majority
Steve:controls the minority in that. So people, and people confuse this all
Steve:the time. Well, we have a democracy. Isn't that how it should be? No, we
Steve:have a constitutional republic. We don't have pure democracy where
Steve:majority rules. We don't. Right. Not at the federal level. Right. And
Steve:not at the state levels. Yeah. At the local levels, at times you do. Yeah.
Steve:In my household, it's an authoritarian regime. I'm in
Norm Murdock:charge. The democracy stops at the front door. Yeah.
Norm Murdock:But that's my theory. So there's different types of—
Steve:there's different scales of this. Right. And if
Steve:you had majority rule on all these issues of the day,
Steve:think how awry our country would've gone in like slavery
Steve:days. Oh, sure. Or Jim Crow days. Sure. Right.
Steve:They could have drummed up a majority and just kept Jim Crow in place.
Norm Murdock:Right. Yep. Yep. We are a country
Norm Murdock:with a philosophy that the individual rights of each
Norm Murdock:of us are our own
Norm Murdock:search for our own destiny in our own way with our
Norm Murdock:own religious or non-religious thoughts.
Norm Murdock:the idea of individual freedom
Norm Murdock:triumphing over the collective interest
Norm Murdock:is the predicate for America. It's that regardless
Norm Murdock:of what the majority thinks of you or, or what they
Norm Murdock:think of your choices, as long as you don't hurt anybody
Norm Murdock:else physically, you can do whatever you want. Go
Steve:be quirky, go be gay, go, go, go, go do
Steve:whatever you want to do. Just don't You can't do 2 things.
Steve:There's a few things you can't do. You can't hurt somebody else by doing
Steve:those things, and you can't force somebody else to agree with you. That's
Norm Murdock:right. You can't do those things. That's right. And as long as you don't do
Steve:that, you can go live a life however you want to live, right? Within the
Steve:bounds of the law. Right. Yeah. And this is where I always ask
Steve:people under— this is an interesting question I get. I know we're probably off the
Steve:news here, but I am enjoying this. under the Trump
Steve:regime or under any of the person you hate the most,
Steve:Trump, what rights did you lose? Individual rights did
Steve:you lose or were even threatened? Yeah. And
Steve:people always stop and pause. And the only one they always say is, well, he
Steve:almost overthrew the government with the right to vote or something. I'm like, yeah, no.
Steve:I mean, even if I gave you that that was an actual attempt, it
Steve:failed ab initio. It failed immediately. It was never going to— nothing like
Steve:that was ever going to happen. Right. Um, it's like his talk about a third
Norm Murdock:term. He floats these things almost just—
Norm Murdock:he's trolling people. But at the individual level, he's never
Steve:advocated for you not to have the right to
Steve:whatever sexual preference you have. Yeah. He's never advocated that you shouldn't be able to
Steve:say things. He's never advocated that you shouldn't, uh,
Steve:that you shouldn't have the right to bear arms. the other side does it all
Steve:the time. Well, again, we're going down this
Norm Murdock:path, but it is interesting. If I were to make a
Norm Murdock:list of the truly awful things—
Norm Murdock:crimes, pogroms, even
Norm Murdock:like the internment of people of Japanese descent from the West Coast—
Norm Murdock:if I were to draw up a list of all the really awful things
Norm Murdock:that happened in American history, the
Norm Murdock:overwhelming number of these awful, awful
Norm Murdock:government policies and decisions by government would
Norm Murdock:be on the, quote, liberal side. They're,
Norm Murdock:they're the ones, they're the administrations that
Norm Murdock:got us into more wars, that used
Norm Murdock:atomic weapons, that put people in concentration
Norm Murdock:camps, that were defending slavery, uh,
Norm Murdock:that founded the Ku Klux Klan. I mean, you could just go down the list.
Norm Murdock:It's unbelievable where that
Norm Murdock:whole party is. And now we're so
Norm Murdock:close to really National Socialism, and
Norm Murdock:people don't understand that people like El-Sayed, who is
Norm Murdock:antisemitic, running for Senate in, in, uh, Michigan
Norm Murdock:with Hasan Piker as his cheerleader. These guys are
Norm Murdock:anti-Semites who believe in a strong
Norm Murdock:America, but a socialist America. And I'm like, oh,
Norm Murdock:I've seen this record before about— like, I've listened to this record
Norm Murdock:before, like 100 years ago in another very
Norm Murdock:cultured country where calls to exclude
Norm Murdock:certain people from the social fabric or
Norm Murdock:or to blame them for, oh, it's the bankers,
Norm Murdock:it's the international bankers that are doing this, that, and the other thing.
Norm Murdock:It sounds very much the same to me. And it's coming from
Norm Murdock:so-called liberals. It's coming from the same people that it came from before. Yeah.
Steve:And I'm going to disagree on one point. I don't think they want America.
Steve:Hasan Piker, these people hate America. Well, he hates the current America. That's for sure.
Steve:They hate America. We deserve 9/11. We're horrible. I mean,
Steve:you've got El-Sayed now saying, did you hear him
Steve:compare circumcision to castration? Yeah, right.
Steve:It's lunacy. It's lunacy. And you got Piker
Steve:screaming how horrible America is, that we deserve
Steve:9/11. These people don't like the country. They want to change it. As
Steve:Mr. Obama said, I want to fundamentally change the
Steve:country. Right. Now, nobody ever, everybody sort of implies that like
Steve:the evil thing. Well, we're gonna fundamentally change the country. What do you mean by
Steve:that, Mr. Obama? He means this. Right. He means we're
Steve:going to just get rid of this and build a country that they want. Now,
Steve:what's interesting in this, it's all founded in sort of the same
Steve:flaw, that the human can
Steve:figure out what's best for everybody else. Right.
Steve:That I am smarter, I am
Steve:blessed, I've studied.
Norm Murdock:I'm special. I'm special. I know the most. But trust
Steve:me, I even saw some, you know, one of these street
Steve:journalists interviewing some guy in California. It's like, well, I'm educated. I know this and
Steve:I know this. And the interviewer's like, what's up? I've been to college. That's what
Steve:he says. I've been to college. I have 2 degrees. And it sounds like you
Steve:think you're smarter than the people over there. And he's like, I am. Yeah, there
Norm Murdock:you go. They think that. Right. They think that. Of course. Which
Steve:means they know best for you. Right. And it's always this grounding
Steve:in the self as opposed to something bigger. Right. Right.
Steve:And if you ground yourself in something bigger and you say, look, I don't know
Steve:every damn thing, then you don't end up down that
Steve:path. And what Adams was trying to do was protect us from that.
Norm Murdock:See, I think so. We're
Norm Murdock:in sync. I'm projecting and
Norm Murdock:thinking of what would happen
Norm Murdock:if a socialist took over. And I'm looking at Mamdani
Norm Murdock:as a micro laboratory for what he's doing in New York.
Norm Murdock:And certainly he doesn't believe in a weak government structure for
Norm Murdock:the city. Not at all. And neither would say AOC
Norm Murdock:or Bernie or any future socialist
Norm Murdock:president of this country. I believe they do believe
Norm Murdock:that they want a strong, even militarily,
Norm Murdock:United States. But what they would use it for is stuff
Norm Murdock:like river to the sea. I mean, they would
Norm Murdock:have a completely different set of strategic goals.
Norm Murdock:but they certainly want to use force. They want a strong governmental
Steve:power. Oh yeah. And they would use it on— they would turn the
Norm Murdock:military against the people even. Of course they would. Just like
Norm Murdock:good old Schicklgruber did in Germany. What would've happened during
Steve:COVID Yeah. Just what would've happened? Mass arrests, man. And
Steve:there's still people out there that agree that that should've happened. That's right. And
Norm Murdock:still people masking to this day, even doing it as a
Norm Murdock:symbol of comply with the government. Virtue. We
Norm Murdock:told you to do this. They were right. And they were
Norm Murdock:excusing Dr. Fauci, which is his intentions were
Norm Murdock:pure, which is, they think, absurd.
Steve:You're a bit older than I am. I didn't grow up in the '60s,
Steve:'70s counterculture era, but those people, like
Steve:those true sort of what I'll call the first generation of— Sure. Ben
Norm Murdock:Jerry's. They never, never would have cottoned to the government
Steve:forcing something like that on it. I mean, that was their— like, we're just going
Steve:to comply and call that virtue, right? It's lunacy. Well, think of the
Norm Murdock:inconsistency. So during COVID the same people who
Norm Murdock:were telling us it's a woman's body,
Norm Murdock:therefore she can choose, okay, that her
Norm Murdock:choices about her body reign supreme over any
Norm Murdock:other interest, including the very life of a child she may
Norm Murdock:have inside of her. This feeds into Lindsey Clancy, by the
Norm Murdock:way. The same people who told
Norm Murdock:us that told us you have no interest in controlling your
Norm Murdock:personal body when it comes to COVID. The
Steve:only message is they know best. They know best.
Steve:And they get to— So it really had nothing to do with your body. I
Steve:was talking to a young law student. And your decisions. Exactly. I was just talking
Steve:to a young law student that's working for me now, and she is taking constitutional
Steve:law, and she's struggling with it as we all did in law school. Sure. Because
Steve:you don't see the forest for the trees. You're just reading these cases of this
Steve:hard language and whatever it is. Right. I started to give her a bigger picture.
Steve:I said, this is all— like, the facts are interesting of the individual cases
Steve:you read in constitutional law, but it's really all about the levers of power that
Steve:the government is pulling. Right. And what control do they have? Right. And how does
Steve:it work? Right. And I said, this is why those who try to
Steve:manipulate that always end up disappointed, because if we have a court that's doing what
Steve:it's supposed to do, it doesn't focus on the facts or
Steve:an out— a factual outcome. Right. Or it shouldn't.
Norm Murdock:Uh, it was always political. It focuses on the lever of power. So it
Norm Murdock:was— yes, it was always bent, Steve. You know, constitutional,
Norm Murdock:um, digestion by a court, it's
Norm Murdock:always political. And it shouldn't be that way.
Norm Murdock:It should be— and this is what frustrated me during, uh, law school,
Norm Murdock:is I wanted to approach con law like it was
Norm Murdock:engineering, right? Mm-hmm. That I have principles. I
Norm Murdock:even have like firm laws of how to,
Norm Murdock:uh, how to how to analyze a particular case that,
Norm Murdock:you know, you would refer to previous decisions, you'd look at, uh,
Norm Murdock:you know, where our common law comes from. And, and just like
Norm Murdock:some kind of human AI machine, I
Norm Murdock:would digest all this information and I would spit out,
Norm Murdock:you know, an answer on my punch card. And it simply
Norm Murdock:doesn't— it doesn't work that way. It's a fascinating meld of all
Steve:these things. That's right. And when done correctly,
Steve:your way, the way you would prefer it, is
Steve:most of it. Yeah. I'm never going to say it's all of it. No, but
Steve:it's most of it. Yeah. It's always got a political bent to it. But it
Steve:has to. Yeah. I mean, it's a— these are— it's a governmental entity. And they're
Norm Murdock:appointed by politicians. Appointed by politicians. Who vet them. But, uh,
Steve:you'd be a Hugo Black, right? No law means no law. And that's what I
Steve:mean. Yeah, no law. It says no law, you can't pass a law. And there's
Steve:a lot I do. I have another podcast and people give me these comments all
Steve:the time. I said, look, I can't say I disagree, I'm just telling you what
Steve:happens, right? And, um, and then you have
Steve:Scalia, who is a very strict construction guy, uh, but
Steve:then you get the others. And there's been some recent decisions now, um, I
Steve:think Jackson, Ketanji Brown Jackson, wrote this ridiculous opinion. Amy Coney
Steve:Barrett went after her for it. But it, you know, You have
Steve:to have some objectivity in this and not control outcomes
Steve:using a lever of power. Now, the socialists that we're talking about, they don't think
Steve:that they have to adhere to those boundaries because they know best.
Norm Murdock:Right. They know what you should do. Right. They know what is right. Right. They
Steve:know for you what is right, even if you don't know. Right. This is Marx
Steve:101, right? When in Italy, when the uprising
Steve:didn't happen, they thought, well, Now we have to do it for them because they're
Steve:too stupid to even know that they're miserable. Right. Yeah. And this is
Steve:unfair. Yeah. KBJ is the perfect example of a
Norm Murdock:Supreme Court justice that wants to
Norm Murdock:enact policy. She's not really interested at all
Norm Murdock:in basing her arguments on the Constitution. Not at all. Not a
Norm Murdock:bit. It's just if
Norm Murdock:something looks to her Unfair or wrong or
Norm Murdock:not generous or not with a happy outcome.
Steve:No, no, no. The outcome that she thinks is right. Well, happy outcome to her.
Steve:Yeah. Is, uh, you know, that's what's unconstitutional. Yep.
Steve:And, and the hard part of the legal system is
Steve:that the outcomes aren't always what we like. Right.
Norm Murdock:Hence, you change the Constitution
Norm Murdock:in some way, which we've done What do— what, what,
Norm Murdock:27 times? Yeah, there's— as my buddy likes to say, well, there's
Steve:an instruction book. It came with a book. It came with a book. It's like
Steve:The Greatest American Hero when he finds the instruction book for the suit. Like, it
Steve:comes with a book. You can, you can, uh, you can change it. You can
Norm Murdock:change it. You can call it— you can even call another constitutional convention if
Norm Murdock:you want. Yep, you can do it. It's all provided for. But I'd be curious
Steve:to see how these DSAs propose to do what they're talking about
Steve:doing. How would they affect— would it be a constitutional amendment? Of course not. They
Steve:would take the power And just cram it down. Right.
Steve:Just cram it down. And if you've packed the court with your people, I mean,
Steve:this is a coup. This is what they're calling for. Absolutely. Is an
Steve:overthrow of the American government. Yeah. That's what they're talking about. Yeah. They're not
Steve:talking about amending the Constitution. No. They're talking about packing the court so they can
Steve:put their people in that will vote their way corruptly because they're their
Steve:people, and then just take it over. Oh, we don't need the Senate anymore. We
Steve:don't need to amend the Constitution. We're just going to say it. Yeah.
Steve:Civil war would— and here's the problem now.
Steve:I heard Jordan Peterson ask this. This is years ago, and so it's not new,
Steve:but he just says, well, the problem with these people that
Steve:hate all the Trump supporters is that it's like half, right? What
Steve:are you going to do with the other half? These are people. Right.
Norm Murdock:Yeah. And the reasons for hating Trump,
Norm Murdock:I mean, if When you really do a deep interview,
Norm Murdock:which is hard to do, but when you do that and you peel
Norm Murdock:away the layers, it gets down to some really strange
Norm Murdock:perception issues.
Norm Murdock:Very few of the people really understand any of these issues
Norm Murdock:that they claim they oppose Trump because
Norm Murdock:of whatever, immigration or or, uh,
Norm Murdock:you know, trans stuff or, or whatever it is, building up the
Norm Murdock:military, very few of the people really understand the ins
Norm Murdock:and outs. They, they use these words or they use these
Norm Murdock:phrases, um, as like epithets.
Norm Murdock:And, and when you try to drill down past that and try to really—
Norm Murdock:even the DSA people don't even understand Marx
Norm Murdock:and Engels and, and Stalin and Well, they're running around wearing
Norm Murdock:Maoist shirts, right? Yeah, and Che shirts. And
Norm Murdock:basically they don't even understand what they purport to
Norm Murdock:represent. And the problem with a lot of
Norm Murdock:this is that Trump, to so many,
Norm Murdock:especially suburban women, he's an icky guy. He
Norm Murdock:reminds them of their dad or their grandpa.
Norm Murdock:He's like Archie Bunker or whatever. And they build from
Norm Murdock:that this construct that, well, whatever he says
Norm Murdock:must be wrong. And like, it's just an immediate reaction.
Steve:It's— they can't— the Democratic Party quickly
Steve:realized that they can't control him. Yeah. And that
Steve:makes him dangerous to them. So you and I,
Norm Murdock:when we analyze any kind of government program,
Norm Murdock:whether it came from Biden or Ronald Reagan or Obama or
Norm Murdock:Trump, I look at that program
Norm Murdock:dispassionately and try to analyze, well, what do I think of that
Norm Murdock:program? And I could care less if it came from Obama or
Norm Murdock:Biden, for example. If it's a good idea and it comes from
Norm Murdock:them, I accept that. Mm-hmm. You know, if I've
Norm Murdock:analyzed it and thought about it, So it's
Norm Murdock:not like an authorship thing, but for so many, this half of the
Norm Murdock:population that Jordan Peterson, who's interestingly enough
Norm Murdock:a psychologist, is the psychology
Norm Murdock:behind their enmity towards Trump a lot of
Norm Murdock:times has nothing at all to do with the issues. It
Norm Murdock:just has to do with some kind of personal revulsion. We
Steve:hate that guy. We hate that guy. He's horrible. So then every— like
Norm Murdock:Trump is fond of saying, if I came up with a cure for
Norm Murdock:cancer, you'd be against the cure for cancer because I found
Norm Murdock:it. But if Biden found the cure for cancer, it'd be a wonderful thing. This
Steve:shot came along under Trump, and I remember Congress saying,
Steve:I'm not going to take any shot that he created. Right, right, right. And then
Steve:they get power. The Trump vaccine. The Trump vaccine. Then they get their power. Now
Steve:they force everybody to get it. And I think to say what you and I
Steve:are saying is I, I, we always try to be— I can't promise I'm always
Steve:consistent and perfect, by— not by any means, but I always try to look at
Steve:what it is. Yeah. And I wouldn't have taken that shot under if Trump were
Steve:president. I wouldn't have taken that shot if Biden were president. Wouldn't have made it,
Steve:or whoever comes next. Well, on this show, Steve, we, we have a whole host
Norm Murdock:of things that I think you and I mostly, uh, are in sync on.
Norm Murdock:Not everything, but, uh, that Trump has proposed or done
Norm Murdock:which I think are clearly not good ideas. This New Canada thing,
Steve:I think, is a mistake for him. We may disagree on this. Right, right. I
Norm Murdock:agree. I think this is a mistake right now. It is a mistake. And I'm
Steve:not saying go Trump just because— No. Because we can look at this and
Steve:say, all right, I can criticize this part of it. This is what being an
Steve:American is all about. We get to do this. We get to say, look, I'm
Steve:not just gonna adhere to this party line. Think how fascist this sounds. You
Steve:have to agree with everything your leader says or else. Well, we just hit $40
Norm Murdock:trillion in debt, right? When Trump
Norm Murdock:started in office, we were at $33 trillion. He is
Norm Murdock:spending like a drunk sailor, and he keeps coming up with more and more
Norm Murdock:socialist-oriented kinds of programs like banning
Norm Murdock:large companies from buying homes, like this
Norm Murdock:Trump account for babies. I don't like any of it.
Norm Murdock:Yeah. I mean, you know, it— and, and even the thing
Norm Murdock:that really got him, you know, some
Norm Murdock:comity with, uh, the, the
Norm Murdock:African-American community, this, this
Norm Murdock:spending on predominantly or historically Black
Norm Murdock:colleges to the exception of other colleges. I don't like it.
Norm Murdock:That's crazy. I don't like it. It's color, it's color, it's race-based.
Norm Murdock:favoritism. And here's what— but he does it for political reasons, maybe.
Steve:Um, I mean, at least that's the presumption. Well, he likes giving away
Norm Murdock:government money. This is my problem with DeWine and most RINOs.
Norm Murdock:And I think Trump is not— he's not the
Norm Murdock:classic RINO, but he's close. He's— he dabbles,
Norm Murdock:right? He dabbles in these kinds— I don't think he's— look, I don't think he's
Steve:ever— I think he's been a Democrat his whole life. I think he likes playing
Norm Murdock:Santa Claus. Yeah. You know, just like the wine. And he likes this idea
Norm Murdock:of taking our tax money that, you know, we were just talking
Norm Murdock:about, Glenn. You know, we have to go see an accountant, spend a lot of
Norm Murdock:money, you know, throughout the years doing our
Norm Murdock:bookkeeping, keeping track of where money goes, hiring an accountant.
Norm Murdock:And then we spend a week or 10 days compiling all these
Norm Murdock:records, shipping them off to our accountant, all of this
Norm Murdock:stuff. Right? And then we have people in DC
Norm Murdock:taking our hard-earned money and giving it to other
Norm Murdock:people as if it's like playing Santa Claus. Yeah.
Norm Murdock:And it just blows me away that they can think like that
Norm Murdock:when Thomas Sowell and, and true conservatives would say,
Norm Murdock:well, when you take money from somebody involuntarily
Norm Murdock:with the threat of imprisonment, Right. I.e., taxes. You're,
Norm Murdock:you're, you're really— you're stealing from them. You're stealing. Now look, to some degree
Steve:we've agreed with it. Um, you know, that there's a Constitution
Steve:and Congress has the right to tax, but it's been expanded so much that now
Steve:they're taking our money to do what they will at their whim. Yeah. With
Steve:an executive order, no less. I mean, it's lunacy to me. It is lunacy. I've
Steve:been howling at the moon about this now for years, but, uh,
Steve:I guess the point we're trying to make underlying all of this is that we
Steve:can see the both good and bad out of this stuff, right? But it seems
Steve:like a lot of people on the other side never did. Not all of them,
Steve:right? I mean, Bill Maher is now sort of saying, look guys, this is insanity.
Steve:Why are you going along with this? He said, I might vote for, uh, J.D.
Norm Murdock:Vance. Yeah. And, or Marco Rubio, whoever the Republican,
Norm Murdock:because like, I can't vote for AOC. Because Bill Maher is more
Steve:of a traditional blue dog Kennedy-type Democrat.
Norm Murdock:Right. Well, he's certainly not an anti-Semite being Jewish himself. Well, he's
Steve:not an anti-Semite and he is not a DSA guy.
Norm Murdock:Yeah. So he's kind of part of the Democrat Party that's
Norm Murdock:just been abandoned. They've written off those
Norm Murdock:kinds of Democrats. Carville being another example, James
Norm Murdock:Carville. Lots of these,
Norm Murdock:if you will,
Norm Murdock:middle-of-the-road, pretty much pro-union.
Norm Murdock:They think of themselves as the vanguard of the working class and all of that
Norm Murdock:stuff. That's all gone. But that's all gone. They hate the working class. They do.
Steve:The elites have taken over. This is what Adams— it's like we just get right
Steve:back to this— what Adams was most concerned about.
Steve:And if you go read some of these debates he had with Jefferson, I mean,
Steve:this is it. This is boots on the ground what he was
Steve:worried about. Right. And he was the champion for the little guy. Yeah. And
Norm Murdock:Adams was smarter than all of them, as, as urban as a, as
Norm Murdock:a, uh, as a founding father could be. He was an urbanite,
Norm Murdock:and Jefferson was a farmer. And, and you couldn't—
Norm Murdock:you— the classic inability of
Norm Murdock:Jefferson not to absorb and understand what's going
Norm Murdock:on in the teeming masses of places like Boston
Norm Murdock:which weren't really teeming, but I mean, that was as urban as it got back
Norm Murdock:then. It, it's, it's striking, and it's, it's sort of
Norm Murdock:understandable how Jefferson had this remote
Norm Murdock:idea that the, the lofty, the, the good angels in people would
Norm Murdock:always overcome their negative impulses. And Adams
Norm Murdock:knew better. Adams knew better. Adams was, Adams was, uh,
Steve:just a boots-on-the-ground— Absolutely. slugger, you know, just
Steve:saw— but really, really smart. If I, if I could be like any of them,
Steve:it would be Adams. And he was fair-minded. He did represent during
Norm Murdock:the Boston Massacre. He represented as an attorney,
Norm Murdock:right, the, the, uh, the British
Norm Murdock:soldiers who opened fire on the crowd and created enough
Norm Murdock:doubt in the minds of the jury that they let them off. They,
Norm Murdock:they were not convicted. And that was Adams Certainly he was a
Norm Murdock:revolutionary, but he was also a believer in due
Norm Murdock:process and fairness, even
Norm Murdock:for his enemies, his political enemies,
Norm Murdock:not his mortal enemies. Yeah. And
Steve:wasn't he the guy, didn't he represent
Steve:the slave ship? Slave ship. I believe he did. Yeah. I'm looking that up right
Steve:now. Right. Amistad was the movie. Yeah, Amistad, which
Norm Murdock:washed up on shore and, oh, a
Norm Murdock:whole cargo load of African
Norm Murdock:slaves. Well, what do we do with these people? Well, shouldn't they be
Norm Murdock:free? They landed in a free state. Yep.
Steve:And I think Anthony
Steve:Hopkins played Adams in that movie, if I'm not mistaken. But
Steve:anyway, we've digressed a little bit. Yeah. Uh, we should probably hit some news.
Norm Murdock:Well, the Lindsay Clancy case, uh, we were, uh,
Norm Murdock:disgusting before the show. Um,
Norm Murdock:I'm fascinated that somehow this has taken on
Norm Murdock:the abortion debate for some reason. Okay,
Norm Murdock:clearly she strangled babies long after
Norm Murdock:they were born, so it's not abortion. Um,
Norm Murdock:And she sent her husband away. I
Norm Murdock:remember from law school this basic
Norm Murdock:precept in the law that you, in order to be
Norm Murdock:convicted of a crime, you must know basically, I'm
Norm Murdock:boiling this down, the difference between right and wrong. And the
Norm Murdock:argument by her team, her defense
Norm Murdock:lawyers, is that At the time of the killings, the
Norm Murdock:strangulation of these 3 babies of hers,
Norm Murdock:children, she did not know
Norm Murdock:right from wrong, and an interior voice appeared in
Norm Murdock:her head and told her to commit these murders.
Norm Murdock:Militating on the other side of that, of course, is that she
Norm Murdock:concocted a plan to get her husband out of the house,
Norm Murdock:So that she could do these murders. Well, it— I don't think those two— here,
Steve:here's how this goes. There's an old test in common law that most of us
Steve:learned about in law school, and I know about because I practice criminal defense. It's
Steve:called the M'Naughten test, and it's M apostrophe
Steve:N-A-U-G-H-T-E-N. Has to do with a case back in England,
Steve:um, and it's the test for the insanity defense. So ordinarily,
Steve:if you're gonna— if you're the government, you're gonna accuse me of murder, you have
Steve:to prove beyond a reasonable doubt that I, with purpose, or in the old
Steve:days, with malice aforethought, killed somebody. Yeah. One life,
Steve:taking one life. If you remember your common law definition, taking one human life by
Steve:another with malice aforethought without mitigation, justification, or excuse. Yeah. That for bar exam.
Norm Murdock:Yeah. But there are defenses to that.
Steve:Some are mitigating defenses and some are just outright defenses. Mitigating would be
Steve:something like hot blood, caught the guy in bed with your wife and
Steve:that pissed you off so much that turns a murder into a manslaughter because
Steve:some mitigating circumstance. Mm-hmm. Right. Insanity
Steve:is an absolute defense. Self-defense is an absolute defense that falls on
Steve:the lap of the defendant to prove it. So yeah, lack of mental
Norm Murdock:capacity. If, if you're, uh, let's suppose,
Norm Murdock:uh, a, a, I don't know, a mentally retarded, uh,
Norm Murdock:diagnosed mentally retarded, uh, child— Not
Steve:competent to actually stand trial. Or, or, or adult. And, and, and somebody says, hey,
Norm Murdock:would you watch our our children while we go to a movie and, and
Norm Murdock:something bad happens, like he lets them meet, you know, Drano or
Norm Murdock:something, you know, you, you probably can't convict that
Norm Murdock:person because they lack the mental capacity. So the M'Naughton
Steve:test is basically 2 parts. It is the person did not
Steve:understand what they were doing, and they did not know that their action
Steve:was legally or morally wrong. So the SEALs say they don't know right from wrong.
Steve:So you don't understand what you're doing and you don't know right from wrong. Right.
Steve:There was a competing test called irresistible impulse where people
Steve:would just, I just had this impulse to kill. Yeah. Well, that's pretty much been
Steve:abandoned by everyone. And monotonous is sort of the baseline for most tests.
Steve:So the question is, does Clancy, did she know right from wrong? Yeah.
Steve:And I think that she did. I think that she did. But the defense is,
Steve:of course, that she was had this, um, she had
Steve:depression, she had post— Postpartum. Postpartum
Steve:psychosis. Yep. Uh, and depression complicated by all sorts of meds that
Steve:were ill-prescribed and overprescribed. And all that is true, right? And I'm fascinated by this
Steve:as a lawyer. And by the way, I would be arguing the same thing if
Steve:I were representing her. I would be doing this. Well, it would be your duty.
Steve:And hats off to that lawyer, he's doing a hell of a job making that
Steve:argument. Yeah, yeah, yeah. But it sort of calls into question the M'Naughton Rule and
Steve:whether do we find her not guilty for killing her children
Steve:because she didn't know right from wrong. And I think she did know right from
Steve:wrong. I don't know what the jury's going to do. Yeah. Because there
Steve:is a mitigation to this. Now, ordinarily, this
Steve:kind of thing is baked into the cake with the
Steve:prosecutor doing his job. The prosecutor's going to say, look, it's a
Steve:horrific murder. We understand you had this psychosis. We'll offer you a manslaughter or offer
Steve:you something else. A lot of times that's what happens. But in these showcases,
Steve:they're going to trial, right? And, uh, that's, that's where the lines have been drawn
Steve:here. So it's, it sounds like it's going to be an all or nothing. I
Steve:don't know if there's going to be lesser included. There might be. Well, I saw
Norm Murdock:today that the, um, that the
Norm Murdock:presiding judge, uh, and quite rightly, is
Norm Murdock:allowing the defense to, um, construct a
Norm Murdock:backup case of manslaughter, you know. So there is, there, there
Steve:is going to be a lesser included offense of manslaughter. And that's probably
Steve:where the case should end. It's probably where it'll go. And people are going to
Steve:say, well, how dare you, that she killed these kids. And other people are going
Steve:to say, um, yeah, but she was insane. Like, legally speaking, if
Steve:I'm just analyzing this, not advocating for her, analyzing this,
Steve:yeah, um, my strategy would be, if I'm not getting— if the prosecutor's not offering
Steve:me a reduced murder, right, I would do the same thing this lawyer's doing.
Norm Murdock:That's what he's doing. I would advance an insanity defense, and at the same
Steve:time, I would try to leave room over here for lesser included. So the jury
Steve:says, look, we're not going to quite buy that, but we'll give you that. And
Norm Murdock:I think, Steve, you said something similar probably should have
Norm Murdock:been allowed or should have happened by the defense
Norm Murdock:in the Carmelo Anthony case, that stabbing at the
Norm Murdock:track meet between the 2
Norm Murdock:kids over who got to sit under a shelter.
Norm Murdock:And, and some, you know, this, it's turned out that Carmelo
Norm Murdock:was looking for trouble. There's lots of evidence now on his cell
Norm Murdock:phone and talking to his girlfriend or whatever, that he was looking to
Norm Murdock:get into a fight with somebody and didn't have those guys
Norm Murdock:in particular in mind, but he was going to use that knife and he was
Norm Murdock:going to go do something to somebody. And, and it,
Norm Murdock:it would be like that hot blood example that you, you— Well, this may
Steve:have been why they— I don't, I, I don't know the case well enough to
Steve:know if the defense tried to get a manslaughter out of that. Yeah, they may
Steve:have. I think, I think, I think we found that
Norm Murdock:they did not. Okay. And you were— may have been— this goes
Norm Murdock:back months, and I believe you were critical of the defense for
Norm Murdock:not pursuing that. Now I may understand why. Yeah, because if you pursue
Steve:a manslaughter, it may have opened the door for admission of all this other
Steve:evidence that looks really, really bad. Yeah. So in other words, if I'm going to
Steve:say it was hot blood, I was just in the moment, I got so upset
Steve:at this That I committed this crime and I'm sorry. So they're going to say,
Steve:well, hold on a second, look at all this other evidence that's out there. So
Norm Murdock:Steve, what's interesting about that is the piece that I read
Norm Murdock:said that the prosecution and the defense had a gentleman's
Norm Murdock:agreement not to present this
Norm Murdock:other evidence about him, but also
Norm Murdock:about the 2 brothers, one of which who was stabbed in the heart.
Norm Murdock:that he had been caught by school
Norm Murdock:officials or the police or something putting
Norm Murdock:up racist graffiti and had
Norm Murdock:engaged in racist kinds of discussions
Norm Murdock:about Black people. So was
Norm Murdock:somehow his mannerisms or his affect
Norm Murdock:leading up to the stabbing in some way
Norm Murdock:racial. And they decided, if you leave out this stuff
Norm Murdock:about Carmelo noodling on his phone and talking to his girlfriend
Norm Murdock:about, I'm going to mess somebody up today, we'll leave out all
Norm Murdock:this stuff, like the
Norm Murdock:cops in the O.J. case. We'll leave out the
Norm Murdock:background of the victims. I don't know if they— it's interesting. I don't know if
Norm Murdock:that That all got left out of the case. And it—
Steve:they— I guess what I'm saying is they may— that those 2 things may not
Steve:have been connected exactly. Oh yeah, for sure. If—
Norm Murdock:but it would poison— No, I mean, there might have been— there might— in other
Steve:words, the agreement, if you don't do this, we won't do that. Yeah, that may
Steve:not be connected. It might be that, look, we're going to agree
Steve:that this evidence is not admissible. And there— my
Steve:guess is there was some conversations with the court There was probably a judge that
Steve:had weighed in on some of this that said, look what's out there, guys.
Steve:Is this admissible? Is this going to be considered, quote, 404-type character
Steve:evidence that shouldn't come in on either side? Steve, it said it was a
Norm Murdock:gentleman's agreement. Well, I understand. I wonder what that means. What that means is— It
Norm Murdock:sounds like it was around the back of the judge. It sounds like that, but
Steve:I, I, I would need to know more. Yeah, yeah, yeah. So I have all
Steve:sorts of— I am speculating. All sorts of agreements like this
Steve:with prosecutors, look, we're not going to— I have one right now with a trial
Steve:I'm going to have. Hey, look, are you going to make me bring in a
Steve:keeper of records for these documents? Are you going to object? No, we're not going
Steve:to object. You can go ahead and do it. Is that a gentleman's agreement if
Steve:the judge isn't involved in that? Well, yeah, I guess, but there's nothing wrong
Steve:about that. No, I'm— no, that's part of the— Yeah. So the question
Steve:is, it might be, look, I'm not even going to try to admit this stuff
Steve:because we are agreeing that it's not admissible. Well, that's a gentleman's agreement. Right, right.
Steve:And you don't have to go fight it and we don't need to go have
Steve:a hearing about it. we agree with you. Yeah. And it might have been that
Steve:way on both sides. Right. And it might have also been, look, if your
Steve:defense is XYZ, I think this stuff comes in to refute that
Steve:defense. So let us know what your plan
Steve:is and we'll go talk to the judge about it. Right. And so that— those
Steve:kind of things happen a lot and there's nothing wrong with them. And I think,
Steve:I think a lot of the media attention, the conservative media attention, is upset about
Steve:this, saying, well, this is to protect the defendant and it was done to this.
Steve:And I don't think so. I think this is to protect a fair trial. Yeah.
Norm Murdock:If it was an arm's-length agreement between the two
Norm Murdock:sides— For evidentiary reasons. Yeah. Then— But if we're just
Steve:saying, yeah, we're all going to agree on the defense side to lay off the—
Steve:or if we're going to agree on the prosecutor's side to lay off the
Steve:defendant because we don't want to impugn him because of race,
Steve:well, that's a problem. But I don't think that's going on. Yeah. So
Norm Murdock:I guess Lindsay Clancy, she's got this GoFundMe,
Norm Murdock:millions of dollars. She has hundreds of women
Norm Murdock:outside that courtroom this week.
Steve:It's insane. It's insane. And they're conflating this with
Norm Murdock:abortion. Oh, it's so horrible that women have to have kids. Yeah. It's so
Steve:horrible that we have to raise kids in this world. It's so horrible that this
Steve:is the way the world is. I find this lunacy. Yeah.
Steve:Lunacy. Yeah. This crime is
Steve:horrific for all sorts of reasons. It's horrific for those kids.
Steve:It's horrific for her that she— because I believe
Steve:that in a sane, completely
Steve:state of mind, she wouldn't have done this. So that doesn't mean that she shouldn't
Steve:be convicted of it, and maybe she shouldn't or maybe she should. It's not— Right.
Steve:But I don't think that she was of sound mind because I don't believe that
Steve:somebody kills their kids unless they're crazy. I wish that there was
Norm Murdock:a mechanism, and I don't— I'm not smart enough to come
Norm Murdock:up with one, but this always bothered me,
Norm Murdock:the idea of the insanity defense, because,
Norm Murdock:you know, it's indisputable that she killed 3 kids.
Norm Murdock:And whether she was— I'll just go ahead and give it to her.
Norm Murdock:Let's say she was insane,
Norm Murdock:full-on, totally insane. There still should be
Norm Murdock:some way to institutionalize people
Norm Murdock:that have that insane capability
Norm Murdock:to kill other people. She shouldn't just walk
Norm Murdock:if they— They typically don't though. Yeah. With evaluations
Steve:and usually with periods. So what's interesting though is now in Modern science, now
Steve:with this quote, modern advanced science. Again, I always ask, what could possibly
Steve:go wrong with all this? So now let's throw
Steve:something at you like I would in law school. Yeah, okay, so that's the traditional
Steve:insanity, meaning somebody is
Steve:just— we all agree that there are people like that that exist.
Steve:They're just— Sure. They're just— absolutely. Whatever it is, they've been touched with it. There
Norm Murdock:are insane people, no question about it. But now we're creating insane people. And diminished
Norm Murdock:capacity people. Now, people with Down syndrome or whatever you have. But
Steve:now we're creating insane people with drugs. And this is
Steve:where you— the curves crossed on this was something called temporary insanity.
Steve:So, and was I temporarily insane? Meaning now I'm cured, but at the time
Steve:I was temporarily insane because of these drugs I was taking or because of postpartum
Steve:psychosis. But now I'm totally sane. What do you do with that person? Really difficult
Steve:question. Now, the good news is this rarely happens. Yeah. So, you know, whenever,
Steve:um, whenever these things come up, it's like,
Steve:all right, yeah, I get it. It's a, it's a conundrum that maybe has no
Steve:answer, but at least it hardly ever happens. Well, uh, another
Norm Murdock:big legal, uh, matter involving Meta
Norm Murdock:or Facebook, um, for $16
Norm Murdock:billion, just settled with, uh,
Norm Murdock:47 states and territories of of
Norm Murdock:America. 29 state attorney generals
Norm Murdock:did what I call a reverse RICO, ganged together,
Norm Murdock:29 states, and sued Meta. The trial started this week in
Norm Murdock:California, and yesterday they announced
Norm Murdock:that they settled the case. So it's not going to go through the full
Norm Murdock:trial. And basically what they were accused of by the
Norm Murdock:The 29 AGs is the old,
Norm Murdock:at this point for me it's old, but the old
Norm Murdock:idea that, well, you have intentionally created an
Norm Murdock:addictive product
Norm Murdock:and that product being Facebook where
Norm Murdock:underage and the magic age in the settlement
Norm Murdock:is children under 13. I don't know why
Norm Murdock:that's— I don't understand that because, you know, if you take the
Norm Murdock:McDonald's Big Mac case, that involved adults. So these,
Norm Murdock:these cases where they accuse a company of creating an
Norm Murdock:addictive product and therefore they're liable
Norm Murdock:in some way for that, those addictions and the outcomes,
Norm Murdock:health outcomes, suicide outcomes, these kinds of
Norm Murdock:things. So what Zuckerberg and Meta
Norm Murdock:agreed to do is you're going to have to— we all are going
Norm Murdock:to, because of this case, if you want to participate
Norm Murdock:in social media, because I think other social media companies will copy
Norm Murdock:this because this will be the approved system. Yeah, this will be the tobacco
Steve:rules. Exactly. They're going to make the rest of us
Norm Murdock:demonstrate that we are above age 13. And
Norm Murdock:how will we do that without giving up our privacy in social
Norm Murdock:media will be a very interesting thing. Well, here's— it says there's now
Steve:a default daily screen time limit of 2 hours will be imposed on all teen
Steve:accounts. Uh, nighttime blocks, prevent late-night scrolling,
Steve:right? Lock accounts during sleep hours, right? School disruption pauses,
Steve:rapid response mandate, must respond to reports of harmful content within 6 hours, at
Steve:least 90% of the cases. So if you're Doogie Howser and you're under 13
Norm Murdock:and you're brilliant and you're well-adjusted and your parents are are, are
Norm Murdock:very involved in your life. This is an impingement on
Norm Murdock:those who are under 13 that are well-adjusted, uh, children.
Steve:Or let's say you just happen to be a vampire. Well, I mean it, like
Steve:you function at night but not today. But Steve, more importantly, like what they're doing
Norm Murdock:in England and at the EU, and like Communist China does,
Norm Murdock:is if somehow the people running
Norm Murdock:Meta, and therefore the government, If you
Norm Murdock:and I have to identify who we are before we go
Norm Murdock:and do our library search, like on Wiki or
Norm Murdock:Meta or whatever, or do AI,
Norm Murdock:well, we were talking about COVID before. So
Norm Murdock:if they know when I'm online, oh, that guy's okay,
Norm Murdock:he's an adult. But now, they— yeah,
Norm Murdock:I know they can kind of track me anyway, but now it's really in your
Norm Murdock:face that they're going to know Steve Palmer or Norm
Norm Murdock:Murdoch are on their computer. They're above age 13.
Norm Murdock:And oh, look at Steve, he's, he's looking at, uh, he's
Norm Murdock:looking at what Dr. Bhattacharya says about COVID uh,
Norm Murdock:you know. And yeah, look, I mean, this is the Big Brother— Yeah. Problem. This
Norm Murdock:is— and they love that. They love that in communist and, and authoritarian
Norm Murdock:countries? I've got no great answer for it other than, I mean, look, the response
Steve:from the government's gonna be it's a private company, they can ask you for whatever
Steve:they want. You just don't, you have a choice not to use their platform. Right.
Steve:Now that hasn't worked traditionally with things like the FCC because they say there's
Steve:limited platforms and, you know, there's different issues that can come up,
Steve:but— Or when you're President Biden and you send the FBI. Or you take, or
Steve:the government gets in bed with these platforms. And I don't think under Trump and
Steve:I don't think under Biden it's any different. I think the government is totally embedded
Steve:with these platforms. Um, well, I think the purpose may be
Norm Murdock:different, but I don't think the Trump FBI is telling
Norm Murdock:the tech bros that they need to squelch
Norm Murdock:any kind of speech. But I bet they are involved looking
Steve:for people that are committing the crimes that they like, that they want to
Steve:prosecute. Well, like terrorism. Uh, whether it's terrorism,
Steve:whether it's ICE, whether it's whatever. And look, you can say, well, that's okay because
Steve:it's terrorists. But what you're— what does— back to our conversation, there's a lever of
Steve:power being employed there that will ultimately be employed against you or the cause that
Steve:you think should not be involved. This is why we have— this is why we
Steve:have a Fourth Amendment. Well, yeah. So— And this is why
Steve:the courts are— the Supreme Court— I'm sorry to interrupt you. The Supreme Court is
Steve:starting to protect this in issues like searching for your Google
Steve:data and searching for your online data. The Supreme Court has
Steve:actually been pretty decent about requiring warrants and protecting this.
Steve:So there's 2 different ways they can do it. They can get a search warrant,
Steve:meaning go into a court with probable cause or go into a magistrate with probable
Steve:cause, or they can issue something called an investigatory subpoena, which is
Steve:basically we convene a grand jury and we're going to go get records. The first,
Steve:while still you may not agree with it, but at least it complies with the
Steve:Fourth Amendment. The other way is what we don't like. Well, the
Norm Murdock:system set up in this country to track internal
Norm Murdock:communications by
Norm Murdock:the FBI is they have to go to this system we set up
Norm Murdock:called the FISA court system. And that is directly
Norm Murdock:overseen by the Chief Justice of the Supreme Court. Mm-hmm. So
Norm Murdock:John Roberts rides herd personally on the
Norm Murdock:FISA system. where that is
Norm Murdock:dependent upon truthful
Norm Murdock:statements, assertions by the investigatory
Norm Murdock:agents like the FBI. And under Biden,
Norm Murdock:they found that agents had just flat out lied and created
Norm Murdock:a situation where they went after George— Weissmann. what was his name,
Norm Murdock:Papadopoulos or something like that, where, where they said he was
Norm Murdock:a Russian asset. And that's how they got this entire,
Norm Murdock:like, um, a Trump, uh,
Norm Murdock:Putin, you know, this, this Russia hoax. Russia hoax. They
Norm Murdock:got the whole thing rolling based on lies to the FISA court.
Norm Murdock:So there is a system in place for domestic surveillance
Norm Murdock:of social media and your telephone records and all of that.
Norm Murdock:But for talking about COVID or talking
Norm Murdock:about, um, you know, the right to life, or talking
Norm Murdock:about teachers, uh, using
Norm Murdock:pornographic, uh, books to make kids
Norm Murdock:think about trans, uh, you know, uh, surgeries,
Norm Murdock:that's a little different. We're back to where we started, right? Because there
Steve:are rules in place that the these actors don't think they should have to follow
Steve:because their cause is the right one. I'm just arguing, I don't think our
Norm Murdock:current DOJ is doing that. Uh, I hope not. I don't know, but
Steve:to me it's the same lever of power. So it, it's all about— all
Steve:right, so if you have a rule and it is susceptible to corruption,
Steve:well, it's going to happen. Like, it did, and it did happen. And it— if
Steve:it's not happening right now, it's probably happening in some other context that you're not—
Steve:that isn't so offensive, but it's still happening. You and I in this show, we
Norm Murdock:were oppressed. We were actually shadow
Norm Murdock:banned by Facebook, by social
Norm Murdock:media, and so were hundreds of other
Norm Murdock:middle-of-the-road or conservative podcasts.
Norm Murdock:I'm just saying, when people
Norm Murdock:tried to discover us back during the Biden administration, it
Norm Murdock:was harder to find this program. Yep. I mean, that's just a
Norm Murdock:fact. I don't think that's happening under Trump.
Norm Murdock:That's happening under an authoritarian mindset that
Norm Murdock:I believe is the liberal mindset. I believe that— Well,
Steve:they're using that because they're abusing these levers of power
Steve:corruptly. I mean, the whole reason I am a Republican, or the whole reason
Norm Murdock:why I vote Republican, even, you know, not
Norm Murdock:always exclusively, but sometimes I'll vote for Democrats,
Norm Murdock:Um, or independence. But the entire reason that I am this
Norm Murdock:way is because I believe in personal freedom. I
Norm Murdock:believe in rights. I believe in individual
Norm Murdock:rights. Yeah, we're on the same page. And that's what the Republican Party
Norm Murdock:mainly stands up for, in— or should,
Norm Murdock:unless, you know, you're a RINO Republican. So
Norm Murdock:I don't know where else to go with my philosophy. There, it's said
Norm Murdock:that the, the libertarians are more pure And all of this, but
Norm Murdock:they're pure without a moral founding. That's the problem.
Steve:That's the problem with it. Yeah. And I tend to strike more libertarian than you
Steve:sometimes, but I understand the argument against it. So, well, look, let's do some
Steve:good and bad. Yeah. So, um, I'll
Norm Murdock:start out with my, my losers because I have several.
Norm Murdock:Um, one would be this.
Norm Murdock:I have to go back to George Bush II. Or
Norm Murdock:shrub, as he is disparagingly called.
Norm Murdock:So 9/11 happened on his watch. That was September
Norm Murdock:coming up soon, September of 2011
Norm Murdock:or 2001, excuse me. No, no,
Norm Murdock:9/11. So we're talking
Norm Murdock:15 years ago. So We have
Norm Murdock:this Khalid Sheikh Mohammed guy who has
Norm Murdock:just been told that his trial for being the
Norm Murdock:mastermind behind 4 airliners,
Norm Murdock:over— well, with the firemen and police that have died since
Norm Murdock:from cancers, over 3,500 deaths
Norm Murdock:and all of those families affected, the loss of The Twin
Norm Murdock:Towers, damage to the Pentagon,
Norm Murdock:and thousands of our military lives
Norm Murdock:lost in Afghanistan,
Norm Murdock:lost in Iraq.
Norm Murdock:All of this coming out of 9/11.
Norm Murdock:It pains me that the trial for this guy is scheduled
Norm Murdock:for June Of 2028. And my problem,
Norm Murdock:the reason Bush is a loser, the reason
Norm Murdock:Congress is a loser, and the reason Khalid Sheikh Mohammed is a
Norm Murdock:loser is all because of the way we pursued
Norm Murdock:the attacks on 9/11. We pursued it as if
Norm Murdock:it was a police matter. We did not approach
Norm Murdock:9/11 as a— like we
Norm Murdock:should have, as a military. It was a war on terrorism.
Steve:Oh, it was sort of this hybrid, which is the worst of both worlds. It
Norm Murdock:was crazy. So we're going to have a trial. This guy
Norm Murdock:should have just been frog-marched in front of a wall and
Norm Murdock:shot out of hand. Yeah. And there may be a reason for a trial. Another,
Steve:there might be a benefit of a trial, and that's exposing facts and circumstances that
Steve:the world— that maybe that people— there's a message that comes out in a public
Steve:trial. But I'm with you. Yeah. So anyway,
Norm Murdock:Amy Acton, she's a loser this week. She lost the
Norm Murdock:endorsement. She's a doctor and she lost the endorsement
Norm Murdock:of the Ohio Medical Association to Vivek Ramaswamy, which
Norm Murdock:I find fascinating because people say, well, he
Norm Murdock:concocted a cancer drug that he then swindled
Norm Murdock:investors by, because he knew it didn't work. You
Norm Murdock:know, that's the That's the loose allegation, but the OMA has
Norm Murdock:endorsed him. And then the WNBA, they, they still can't
Norm Murdock:define a woman, and they're, they're, they're backchanneling
Norm Murdock:that these 2 former male NBA stars
Norm Murdock:that want to come in and play in the WNBA, they're backchanneling, well,
Norm Murdock:they can't play in the WNBA because they're not women. This is the— I'm like,
Norm Murdock:well, wait a minute, you're in favor of not women not
Norm Murdock:girls, meaning boys, playing in high school and college sports.
Steve:This is, this is back to our theme. Totally inconsistent. This is John Adams, right?
Steve:Because I know, I know what's best, even though it might seem inconsistent
Steve:to you, Norm. Right. We know best. We, we got it figured out. We got
Steve:it figured out. So we don't need a consistent standard because we know it when
Steve:we see it. My winners, uh, of course, Dolly Parton.
Steve:Yeah. Who we lost this week. Ohio is the only other state
Norm Murdock:besides Tennessee that has a license
Norm Murdock:plate program to support her Imagination Library
Norm Murdock:charity. Over 300 million books
Norm Murdock:distributed for free to help children
Norm Murdock:with literacy. And my other winner is Roger Penske
Norm Murdock:for staging that Freedom 250 in Washington, D.C. Oh, wasn't that cool?
Norm Murdock:That was just off the hook. So you picked mine. Dolly,
Steve:you know, hats off. Yeah. Off to greater and hopefully to
Steve:meet your savior. She was awesome. I
Steve:remember watching an interview with her and Barbara Walters where Walters was sort of going
Steve:after her for being this phony. Why you dressed like this
Steve:bimbo, whatever. Wow. And go watch the interview because Dolly's awesome. Yeah.
Norm Murdock:Yeah. She's— I know exactly what I'm doing. 25 number one hits, dude. She knew
Steve:exactly what she was doing. Yeah. She knew exactly what she was doing.
Steve:And she did it her way, and good for her. So I didn't always agree
Steve:with everything she said, but she knew exactly— No, no. Uh, I love this story
Norm Murdock:that's suddenly in circulation that
Norm Murdock:when she had nothing and had not yet, um, you know, had
Norm Murdock:taken on board the Porter Wagoner, uh, TV program yet,
Norm Murdock:that she was approached by Colonel Tom Parker,
Norm Murdock:Elvis's crooked business manager, just an
Norm Murdock:awful human being. He approached her and said, hey,
Norm Murdock:little girl, I understand you wrote this great song Elvis would like to
Norm Murdock:record, I Will Always Love You, which of course Whitney Houston
Norm Murdock:famously, uh, turned into a mega hit. Elvis wanted to
Norm Murdock:do that, but what we demand is that you give him
Norm Murdock:co-authorship of that, that he wrote that song. Yeah. She said no. And she said
Norm Murdock:Up yours. She had no money. Yeah, no money, man. I mean, and she's telling
Norm Murdock:Elvis Presley who she wants to go to Nashville. I mean,
Norm Murdock:you know, Elvis owned, uh, Tennessee, and she said
Norm Murdock:no, but he didn't write it, and that would be a lie. And I just,
Norm Murdock:you know, can't— and I don't think Elvis would want that. Hats
Steve:off to her. Yeah, yep. Rest in peace, Dolly. Uh, Jelly
Steve:Roll, up your ass. No, geez, come on, Jelly Roll. I don't care about Jelly
Steve:Roll anyway. And I, you know, I like all art. Like, he's an artist, he's
Steve:an entertainer, and I appreciate what he does. He has a skill set that I
Steve:clearly don't have. And great, it's awesome, right? I choose now
Steve:to say I don't give a rat's ass about your politics. I just don't.
Norm Murdock:No. I like— and if you think that somehow
Steve:you're— I feel like I'm inconsistent here, but I think
Steve:I can justify it. I think I, I think I can sort it through. He's
Steve:entitled to his opinion for sure. Just like you said, we all have our opinions.
Steve:But what bothers me is when these people think that they're— I feel like they're
Steve:saying their opinion is somehow more insightful or
Steve:smarter than mine because he's an entertainer
Steve:or this elite or I'm not. And maybe that's what turns me off. And
Steve:there are lots of people that can choose not to listen to him, and he's
Steve:apparently okay with that. He says, fine, don't listen to me, which I don't anyway,
Steve:and I won't. Right. But there are lots of other artists and entertainers that I
Steve:listen to their— I listen and consume their art, right? Even
Steve:though I know they disagree with me. But as soon as, as soon as they
Steve:start cramming it down my throat like I'm a dummy. Yeah.
Steve:It turns me off. Well, there's a difference between celebrities who just do
Norm Murdock:straight up charity, like we talked about Dolly or
Norm Murdock:Willie Nelson, who did Farm Aid, or
Norm Murdock:Bob Geldof, who did, you know, the charity for Bangladesh.
Norm Murdock:right? The concerts. That's, that's like,
Norm Murdock:that's wonderful. I mean, that, that's, that's a great use of your celebrity
Norm Murdock:is to bring people together. But when you're Bruce Springsteen or Jimmy
Norm Murdock:Kimmel or Jelly Roll and you're using it to divide
Norm Murdock:people and to create enmity, well, then you've gone from
Norm Murdock:being just an entertainer to being a divisive element in our culture.
Steve:So the, the perfect example On the other side, Vanilla Ice saying,
Steve:look guys, we're just having fun, right? Art, have some fun. This is what an
Steve:opportunity to reach everybody, right? And they say, no, you're
Steve:so deplorable that we don't even care if you listen. So, uh, hats off to
Steve:Dolly, up yours Jelly Roll. What a difference right there,
Norm Murdock:huh? Like everything good. Yeah. Everything bad.
Norm Murdock:Yeah. Just, it's, it's, it's, it's, he's squandering his
Norm Murdock:celebrity. It's, it's, it's an opportunity. That's right. Opportunity lost. All
Steve:right. So Common Sense Ohio coming at you each and every week right from the
Steve:middle.