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Can the Constitution Keep Up With Today’s Crazy Politics?
Episode 18727th August 2026 • Common Sense Ohio • Common Sense Ohio
00:00:00 01:07:48

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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.

[email protected]

Harper CPA Plus on website

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

Transcripts

Steve:

All right, here we are. commonsenseohio.com.

Steve:

That's where you can find us. Sponsored by Harper Plus Accounting. Our

Steve:

accountant could be yours. Why would you want Harper Plus?

Steve:

Why wouldn't you? I know this. I talked to Mr. Harper

Steve:

yesterday on the way to court. Talked about some

Steve:

investment and maybe selling some investment. What are the tax consequences?

Norm Murdock:

Right. And here's the thing, I'm not going to get surprised. I'm going to sell

Steve:

it. I'm going to lock in some gains. I'm going to have to pay a

Steve:

little capital gains tax, but I'll be ready for it because we

Steve:

are involved in ongoing planning day in and day out. So if you've got a

Steve:

small business, really is the only way to do it. Yeah. Yeah. You got to

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.

Steve:

Yeah. And then when you get behind, this is what I see. If you're a

Steve:

small business, we should go off on a little tangent, I guess. We'll throw Harper

Steve:

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Steve:

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Steve:

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Steve:

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Steve:

I've referred them all to Harper Plus because what happens is

Steve:

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Steve:

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Steve:

It gets really difficult to fix. Oh yeah, right. So these guys— And expensive.

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.

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